AGM, R. v [2022] EWCA Crim 920 (05 July 2022)

AGM, R. v [2022] EWCA Crim 920 (05 July 2022)

The conviction was unsafe because the applicant was a victim of trafficking whose circumstances and vulnerability were not considered by the prosecution or the court. There was a reasonable nexus between her offending and her trafficking, and had the full facts been known, it would or might well not have been in the public interest to prosecute her. The abuse of process jurisdiction required the conviction to be quashed.

Citation
[2022] EWCA Crim 920
Parties
Respondent: REGINA; Appellant: AGM
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time and to Adduce Fresh Evidence
Outcome
Appeal allowed; conviction quashed
Legal Topics
Abuse of Process, Victims of Trafficking, Public Interest in Prosecution, Modern Slavery Act 2015, Compulsion and Culpability, Appeals After Guilty Plea
Criminal Law Human Trafficking Modern Slavery Abuse of Process Victims of Trafficking Public Interest in Prosecution Modern Slavery Act 2015 Compulsion and Culpability +1 more

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Parties

REGINA

Respondent

AGM

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time and to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the conviction of a trafficking victim is unsafe where the trafficking was not considered at trial
  2. 2 Whether the proceedings should have been stayed as an abuse of process
  3. 3 Whether there was a sufficient nexus between the trafficking and the offence to make prosecution contrary to public interest

Ratio Decidendi

The conviction was unsafe because the applicant was a victim of trafficking whose circumstances and vulnerability were not considered by the prosecution or the court. There was a reasonable nexus between her offending and her trafficking, and had the full facts been known, it would or might well not have been in the public interest to prosecute her. The abuse of process jurisdiction required the conviction to be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Extension of time granted
  • Leave to appeal granted