R v AJW

R v AJW

The conviction is unsafe because the applicant was a child and a victim of trafficking at the material time, facts not properly identified or considered at trial. Had these facts been known, prosecution would not have been in the public interest. The failures to identify her status and age, and to follow relevant guidance, render the conviction unsafe.

Parties
Applicant: AJW; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction, Application to Adduce Fresh Evidence, and Extension of Time
Outcome
Conviction quashed
Legal Topics
Abuse of Process, Victims of Trafficking, Public Interest Test, Prosecution of Children, Fresh Evidence
Criminal Law Human Trafficking Modern Slavery Immigration Law Abuse of Process Victims of Trafficking Public Interest Test Prosecution of Children +1 more

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Parties

AJW

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction, Application to Adduce Fresh Evidence, and Extension of Time

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to failures to identify her as a child and victim of trafficking
  2. 2 Whether the prosecution was an abuse of process given her status as a victim of modern slavery and a minor
  3. 3 Whether the public interest test for prosecution was met in light of new evidence

Ratio Decidendi

The conviction is unsafe because the applicant was a child and a victim of trafficking at the material time, facts not properly identified or considered at trial. Had these facts been known, prosecution would not have been in the public interest. The failures to identify her status and age, and to follow relevant guidance, render the conviction unsafe.

Court Disposition

Conviction quashed

Orders

  • Extension of time granted
  • Leave to appeal granted