R v Mulugeta and others

Immigration – Refugee. The Court of Appeal, Criminal Division, considered the three appeals where an issue arose as to whether, notwithstanding the defendants' guilty pleas, their convictions were unsafe by reason of the failure of their legal representatives to advise them adequately or at all of the availability of a defence under s 31 of the Immigration and Asylum Act 1999; and whether, had they been so advised, there was a reasonable prospect that they would have been able to successfully advance a defence under that section at trial. On the facts, two of the appeals were allowed, and the third was dismissed.

Category: