Aisosa Henkoma v R

Aisosa Henkoma v R

The convictions are safe. Although the appellant was a victim of trafficking and there were failures by the authorities to safeguard him, the gravity of the offending meant prosecution remained in the public interest. The respondent's retrospective assertion that prosecution would have been pursued is not flawed. There was no abuse of process.

Parties
Appellant: Aisosa Henkoma; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Modern Slavery, Trafficking, Abuse of Process, Public Interest in Prosecution, Article 4 ECHR, Failure to Surrender to Custody
Criminal Law Human Rights Law Firearms Offences Modern Slavery Trafficking Abuse of Process Public Interest in Prosecution Article 4 ECHR +1 more

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Parties

Aisosa Henkoma

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the convictions are unsafe due to the appellant's status as a victim of trafficking (VOT) and breaches of Article 4 ECHR
  2. 2 Whether the prosecution was an abuse of process given the appellant's exploitation and failures by the authorities
  3. 3 Whether the public interest required prosecution despite the appellant's vulnerabilities

Ratio Decidendi

The convictions are safe. Although the appellant was a victim of trafficking and there were failures by the authorities to safeguard him, the gravity of the offending meant prosecution remained in the public interest. The respondent's retrospective assertion that prosecution would have been pursued is not flawed. There was no abuse of process.

Court Disposition

appeal dismissed

Orders

  • Extensions of time and leave to appeal granted
  • Fresh evidence admitted to the extent of social services records, Conclusive Grounds decision, and appellant's witness statement