REGINA v AGM

REGINA v AGM

The conviction is unsafe because the applicant's status as a victim of trafficking was not considered by the prosecution or court, and there was a sufficient nexus between her offending and her exploitation to make prosecution not in the public interest. The abuse of process jurisdiction applies, and the conviction is quashed.

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, Extension of Time, Fresh Evidence, Compulsion and Culpability
Criminal Law Human Trafficking Modern Slavery Abuse of Process Victims of Trafficking Public Interest in Prosecution Extension of Time Fresh Evidence +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 is unsafe due to failure to consider the appellant's status as a victim of trafficking
  2. 2 Whether the proceedings should have been stayed as an abuse of process
  3. 3 Whether there was a sufficient nexus between the offence and the trafficking/exploitation

Ratio Decidendi

The conviction is unsafe because the applicant's status as a victim of trafficking was not considered by the prosecution or court, and there was a sufficient nexus between her offending and her exploitation to make prosecution not in the public interest. The abuse of process jurisdiction applies, and the conviction is quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Leave to appeal granted
  • Extension of time granted