"A", R v

"A", R v

The application was dismissed because the applicant's guilty plea was unambiguous and intentional, and the fresh evidence did not establish that the conviction was unsafe. The applicant's credibility was undermined by inconsistent accounts, and the circumstances did not meet the exceptional threshold required to go behind a guilty plea. The court was not satisfied that the overlooked defence would quite probably have succeeded or that a clear injustice had occurred.

Parties
Respondent: Regina; Applicant: A
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction
Outcome
application dismissed
Legal Topics
Guilty Plea, Modern Slavery Defence, Unsafe Conviction, Appeal Procedure
Criminal Law Guilty Plea Modern Slavery Defence Unsafe Conviction Appeal Procedure

Case Brief

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Parties

Regina

Respondent

A

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction following a guilty plea was unsafe in light of fresh evidence of modern slavery victim status
  2. 2 Whether the applicant should be permitted to go behind his guilty plea
  3. 3 Whether the Crown Prosecution Service would have prosecuted if the NRM decision was available

Ratio Decidendi

The application was dismissed because the applicant's guilty plea was unambiguous and intentional, and the fresh evidence did not establish that the conviction was unsafe. The applicant's credibility was undermined by inconsistent accounts, and the circumstances did not meet the exceptional threshold required to go behind a guilty plea. The court was not satisfied that the overlooked defence would quite probably have succeeded or that a clear injustice had occurred.

Court Disposition

application dismissed

Orders

  • Application for leave to appeal against conviction dismissed
  • Application for extension of time dismissed