Shuale-Mongoue, Alphonse

Alphonse Shuale-Mongoue was convicted in November 2004 of possession of a false instrument with intent and attempting to obtain air services by deception. Mr Shuale-Mongoue received a sentence of eight months’ imprisonment and a recommendation for deportation.

The CCRC received an application for review of the conviction in December 2011.

Mr Shuale-Mongoue had been arrested at Heathrow Airport attempting to board a flight to Canada with a false passport.

The offences were committed by Mr Shuale-Mongoue, a Cameroon national, in circumstances relating to his quest for asylum. Mr Shuale-Mongoue had claimed asylum in the UK but had his application refused.

The CCRC considered that Section 31 of the Immigration and Asylum Act 1999 provided Mr Shuale-Mongoue with statutory defence to possession of false document with intent.

The defence applied to any person had “come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention)”.

Mr Shuale-Mongoue had pleaded guilty at Magistrates’ Court, being unaware that this special defence was available to him.

The CCRC concluded that it was an abuse of process to prosecute Mr Shuale-Mongoue on the charge of attempting to obtain services by deception.

Furthermore, the legal advice provided to Mr Shuale-Mongoue was shown to have been erroneous and, as a result, there was a real possibility that the Crown Court would find that in all the circumstances it should set aside Mr Shuale-Mongoue’s guilty plea and quash his convictions.

The CCRC referred the conviction in March 2012.

The Crown Court quashed the conviction in April 2012.