Elisha Marsay secures a suspended sentence for offence of possessing a false identity document.
The defendant, a Brazilian national obtained a false passport and used the document to work illegally at the Tomahawk restaurant for an 18-month period, during which she received gross earnings of £49,587.36 and contributed tax and national insurance.
The Crown referred the Judge to the case R v Kolawole [2004] EWCA Crim 3047 which states this is an offence deserving of custodial sentence in the range of 12 – 18 months even after a guilty plea by a person of good character.
In mitigation Elisha referred the Judge to the case of R v Ovieriakhi [2009] EWCA Crim 452 which distinguishes between the intended use of false documents but also states that a custodial sentence is likely save in exceptional circumstances.
Following Elisha’s mitigation, the Judge suspended a 10-month custodial sentence for 18 months and ordered 240 hours unpaid work.
https://www.gazettelive.co.uk/news/teesside-news/tomahawk-chef-used-fake-italian-30612682