AAB, R. v [2024] EWCA Crim 880 (26 July 2024)

AAB, R. v [2024] EWCA Crim 880 (26 July 2024)

The applicant was trafficked for the purposes of exploitation and compelled to commit the offence; there was no realistic alternative but to comply; the nexus between trafficking and offending is established; had an application been made, the indictment would have been stayed; the conviction is unsafe and must be quashed.

Citation
[2024] EWCA Crim 880
Parties
Appellant: AAB; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Derby Crown Court
Outcome
Appeal allowed; conviction quashed
Legal Topics
Modern Slavery, Trafficking, Abuse of Process, Fresh Evidence, Extension of Time, Public Interest in Prosecution

Case Brief

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Parties

AAB

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Derby Crown Court

  1. 1 Whether the conviction is unsafe due to the applicant's status as a victim of trafficking and compulsion to commit the offence
  2. 2 Whether fresh evidence should be admitted on appeal
  3. 3 Whether there is a sufficient nexus between trafficking and the offence

Ratio Decidendi

The applicant was trafficked for the purposes of exploitation and compelled to commit the offence; there was no realistic alternative but to comply; the nexus between trafficking and offending is established; had an application been made, the indictment would have been stayed; the conviction is unsafe and must be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • Extension of time granted