ADG & Anor v R

ADG & Anor v R

The trial judge misdirected the jury by including compulsion as an element of the section 45 defence for defendants under 18, which is not required by statute. This additional requirement rendered the convictions unsafe and necessitated quashing them.

Parties
Appellant: ADG; Appellant: BIJ; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
convictions quashed, no retrial ordered
Legal Topics
Section 45 Modern Slavery Act 2015, Defence for Child Victims of Slavery or Trafficking, Jury Directions, Unsafe Conviction
Criminal Law Child Law Modern Slavery Section 45 Modern Slavery Act 2015 Defence for Child Victims of Slavery or Trafficking Jury Directions Unsafe Conviction

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Parties

ADG

Appellant

BIJ

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge misdirected the jury by requiring compulsion as an element of the section 45 defence for defendants under 18 years
  2. 2 Whether failure to direct on relevant exploitation rendered the conviction unsafe
  3. 3 Whether a retrial should be ordered

Ratio Decidendi

The trial judge misdirected the jury by including compulsion as an element of the section 45 defence for defendants under 18, which is not required by statute. This additional requirement rendered the convictions unsafe and necessitated quashing them.

Court Disposition

convictions quashed, no retrial ordered

Orders

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