ADG & Anor, R. v [2023] EWCA Crim 1309 (08 November 2023)

ADG & Anor, R. v [2023] EWCA Crim 1309 (08 November 2023)

The trial judge misdirected the jury by requiring proof of compulsion for the section 45 defence for those under 18, which is not a statutory requirement. This added an extra burden on the defence, rendering the convictions unsafe.

Citation
[2023] EWCA Crim 1309
Parties
Appellant: ADG; Appellant: BIJ; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
08 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; convictions quashed; no retrial ordered
Legal Topics
Modern Slavery, Youth Justice, Jury Directions, Defences for Children, Drug Offences
Criminal Law Modern Slavery Youth Justice Jury Directions Defences for Children Drug Offences

Case Brief

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Parties

ADG

Appellant

BIJ

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury by requiring proof of 'compulsion' for the section 45 Modern Slavery Act 2015 defence for defendants under 18
  2. 2 Whether the failure to direct the jury on 'relevant exploitation' rendered the conviction unsafe

Ratio Decidendi

The trial judge misdirected the jury by requiring proof of compulsion for the section 45 defence for those under 18, which is not a statutory requirement. This added an extra burden on the defence, rendering the convictions unsafe.

Court Disposition

appeal allowed; convictions quashed; no retrial ordered

Orders

  • Convictions for conspiracy to supply class A drugs quashed for both appellants
  • No retrial to be ordered