Jo Kaucher Secures Suspended Sentence in Complex Criminal Case

Jo Kaucher has successfully secured an 18-month suspended sentence for a client convicted of Conspiracy to assist unlawful immigration to a member state. The sentencing followed a trial at Hove Crown Court (sitting at Brighton Crown Court) which ran from July 1st to August 2nd, with the sentence handed down on the 16th December at Brighton Magistrates Court.

The case stemmed from an incident on 14th October 2018 at 10.45pm when French border control officers at Dover stopped a silver Toyota Prius heading outbound to France. The vehicle, driven by another individual, had Jo Kaucher’s client in the front passenger seat and three Indian nationals occupying the rear seats. The Indian nationals, who were later arrested, were found to be using fake British passports.

Subsequent investigations led to two search warrants executed at the family home of the client’s sister, her husband, and three sons in London in December 2018 and March 2019. The searches uncovered significant evidence, including paperwork relating to over 30 Indian nationals, as well as a USB stick in the bedroom of the co-defendants—the three sons. The USB contained files and documents detailing the creation of fake Indian passports and various stages of the production process. Authorities also seized £3,000 and 85,000 rupees (£1,000) during the December search. Indian rupees are a closed currency, and transporting large quantities out of India is illegal. A further £500 cash, three laptops, a vehicle, and a computer tower were seized in the March 2019 search, alongside fake passport photos and notes listing Indian names and references to Portuguese nationalities.

During mitigation, it was submitted that the client’s role in the conspiracy was limited to a few weeks leading up to the vehicle stop at Dover on 14th October 2018. Counsel argued that the client was paid for their part in facilitating unlawful immigration and was not central to the conspiracy.

The Court’s attention was also drawn to wider societal issues during sentencing deliberations. Counsel referenced the findings of the Lammy Review (2017), which highlighted the disproportionate treatment of individuals from ethnic minority backgrounds within the criminal justice system. It was argued that systemic exclusion and societal marginalization could negatively influence choices and behaviours, particularly for those who feel outcast or alienated.

The Court ultimately accepted submissions made on behalf of the client, recognising the limited nature of their role and the wider context of their circumstances. As a result, an 18-month sentence was suspended, sparing the client immediate custodial imprisonment.

The trial was originally led by Claire Robinson of Crucible Chambers, while Justin Yang, also of Crucible Chambers, represented the client at the sentencing hearing.

Senior Litigation Executive, Jo Kaucher joined Blackfords LLP in 2014 and has been working in criminal law for over 15 years.