L - Sedou Mbangi R - Alvaro Silva |
Congo-born Sedou Mbangi, 49, twice tried to get pals to sit the test for him, but on the second occasion Angola-born Alvaro Silva, 39, was identified as an impostor and arrested.
"The message must go out and will go out that those who look to circumvent this test will almost certainly receive custodial sentences," announced Woolwich Crown Court Judge Marks Moore. "A car in the hands of an unqualified person can kill or injure."
Mbangi of Pinner House, Coldharbour Lane, Camberwell and security guard Silva, of Dagenham Road, Dagenham pleaded guilty to conspiring to defraud the Driving Standards Agency's Theory Test Centre in Southwark on August 7, last year.
Mbangi alone pleaded guilty to similarly conspiring to defraud the Staines test centre with an unknown accomplice on April 24.
Prosecutor Mr. Gregor McKinley told the court Mbangi's name was flagged after an unknown male posing as the defendant tried to sit the theory test in Staines.
"The staff realised the person did not look anything like the photo on the provisional licence."
Mbangi booked another test four months later.
"Mr. Silva turned up to take Mr. Mbangi's test and because of the earlier reported test security staff were made aware of what may happen.
"Mr. Silva was arrested and interviewed and made admissions that he was there to take Mr. Mbangi's test. He said he was doing it as a favour for his friend and not for any monetary gain."
Mbangi was granted indefinite leave to remain in the UK in 2005, but refused his citizenship application because of criminal convictions in France and the Home Office have now served notice of deportation.
His lawyer Claire Antenen said: "It was a very unsophisticated offence of fraud and clearly Mr. Mbangi and Mr. Silva were likely to be found out."
However, Judge Moore pointed out: "Well, they did not think that or they wouldn't have committed the offence.
Miss Antenen added: "He asked a friend and then asked a reluctant Mr. Silva several times to sit the test. No money exchanged hands for this at all."
Father-of-three Silva's lawyer Miss Keima Payton said: "He was begged by Mr. Mbangi to take the test for him. It was a moment of weakness on his part and he feels he has been duped into this because he did not realise Mr. Mbangi could have sat the test in French."
Jude Moore told the defendants: "This is the type of offence that strikes at the very fabric of our society. The tests are there to ensure drivers understand the signs and procedures of our roads because failure to understand them puts members of the public at risk."
Mbangi was sentenced to twelve months imprisonment and Silva received six months.
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