Smuggling of migrants

Offences

• Enabling illegal entry
• Procuring, providing or possessing a fraudulent travel or identity document in connection with migrant smuggling

R v Olulode

UNODC No.:
GBRx029

Fact Summary

In this case, the accused, a British national, sought to smuggle the 6 year old daughter of a friend from Nigeria to the United States where the minor was to join her father. The case was detected on 9 August 2005 at London's Heathrow airport when the accused used her own daughter's British passport to facilitate the travel of the smuggled minor. The accused was later charged and convicted. Her sentence was reduced on appeal.

The smuggled migrant, a minor, travelled by air from Nigeria to London's Heathrow airport, presumably accompanied by the accused who presented herself as the mother of the child when in fact she was a friend of the mother.

There is nothing in the case report suggesting that the accused in this case sought to obtain or obtained a financial or other material benefit for his involvement in this smuggling venture.


Cross Cutting

Liability

... for

• completed offence

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Nigeria

United Kingdom of Great Britain and Northern Ireland

• Gender Dimension

Procedural Information

Legal System:
Common Law
 
Proceeding #1:
  • Stage:
    first trial
  • Decision Date:
    23 September 2005

    Court

    Court Title:

    Crown Court

     

    Location

  • City/Town:
    Isleworth
  • • Criminal
    Description:

    On 10 August 2005, the accused pleaded guilty to charges relating to facilitating illegal entry and obtaining services by deception. She was sentenced on 23 September 2005.

     

    Sentences

    Sentence

    Term of Imprisonment:
    1 year 9 Months
     
    Proceeding #2:
  • Stage:
    appeal
  • Official Case Reference:
    R v Olulode [2006] EWCA Crim 538 (23 February 2006)
  • Decision Date:
    23 February 2006

    Court

    Court Title:

    Court of Appeal (Criminal Division)

     
    • Criminal
    Description:

    The accused appealed against her sentence, arguing it was manifestly excessive. Having regard to the decision in R v Le [1999] 1 Cr App R (S) 422 and the particular circumstances of the cases, the Court allowed the appeal and reduced the sentence to 15 months' imprisonment.

     

    Sentences

    Sentence

    Term of Imprisonment:
    1 year 3 Months
     

    In sentencing the appellant, the court took into account the seriousness of the offending, especially the fact that a small child was crossing international borders on false documents and was to be taken to a country where she had no status and no entitlement to be there. The court did, however, also consider the unique circumstances of the case, including the fact that the child was to join her father in the United States.

    Migrants

    Migrant:
    Gender:
    Child
    Nationality:
    Nigerian

    Defendants / Respondents in the first instance

    Defendant:
    Theresa Ibironke Olulode
    Gender:
    Female
    Nationality:
    British

    The accused was a friend of the child's mother who was allegedly unable to look after the child. The child's father, who was living in the United States at the time, arranged for the child to be taken to the US.

    Charges / Claims / Decisions

    Defendant:
    Theresa Ibironke Olulode
    Verdict:
    Guilty
    Statute:
    Immigration Act 1971 s 25(1)(a) - Assisting unlawful immigration to Member State

    The accused sought to smuggle a minor from Nigeria via the UK to the United States.

    She was also charged with obtaining services by deception.

    Guilty
    Charge / Claim:

    The accused sought to smuggle a minor from Nigeria via the UK to the United States.

    She was also charged with obtaining services by deception.

    Term of Imprisonment:
    1 year 3 Months
     

    Court

    Court of Appeal (Criminal Division)

    Sources / Citations

    R v Olulode [2006] EWCA Crim 538 (23 February 2006)

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.

     

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