Immigration Offences

R v Boateng [2016] EWCA Crim 57; [2016] 4 W.L.R. 70; [2016] 2 Cr. App. R. 5; [2016] Crim. L.R. 495.  Ben appeared for the Crown in this case where a number of important aspects of charging immigration fraud offences was considered.  In particular, the Court considered the case of Kaile, where it had been said, on one view, that a defendant could not be guilty of smuggling a child into the UK because a child could not form the guilty mind for the underlying offence.  The Court found that the underlying mischief could be s.3 of the Immigration Act 1971, which required no mens rea.