AJW, R. v [2023] EWCA Crim 803 (29 June 2023)

AJW, R. v [2023] EWCA Crim 803 (29 June 2023)

Conviction is unsafe because applicant was a child and victim of prior exploitation; prosecution would not have been in the public interest had these facts been known; failures to identify applicant's status and comply with relevant guidance rendered the trial process unfair.

Source-derived case information.

Citation
[2023] EWCA Crim 803
Parties
Applicant: AJW; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
29 June 2023
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
Modern Slavery, Trafficking, Abuse of Process, Child Protection, Public Interest Prosecution
Criminal Law Human Rights Immigration Law Modern Slavery Trafficking Abuse of Process Child Protection Public Interest Prosecution

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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 conviction is unsafe due to failure to identify applicant as a victim of trafficking and as a child
  2. 2 Whether prosecution constituted an abuse of process given applicant's status as a victim of modern slavery and a minor
  3. 3 Whether fresh evidence undermines the jury's verdict

Ratio Decidendi

Conviction is unsafe because applicant was a child and victim of prior exploitation; prosecution would not have been in the public interest had these facts been known; failures to identify applicant's status and comply with relevant guidance rendered the trial process unfair.

Court Disposition

Conviction quashed

Orders

  • Extension of time granted
  • Leave to appeal granted