BGV v R

BGV v R

There is insufficient justification for not respecting the SCA’s conclusive grounds decision that the appellant was a victim of modern slavery at the material time. In view of the respondent’s acceptance that, had this been known, prosecution would not have been in the public interest, the conviction must be quashed.

Parties
Appellant: BGV; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
02 June 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction quashed
Legal Topics
Abuse of Process, Public Interest Test, Victims of Trafficking, Fresh Evidence, Anonymity Orders
Criminal Law Human Trafficking Modern Slavery Abuse of Process Public Interest Test Victims of Trafficking Fresh Evidence Anonymity Orders

Case Brief

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Parties

BGV

Appellant

REX

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was a victim of modern slavery at the time of the offence
  2. 2 Whether the prosecution was an abuse of process due to the appellant's trafficking status
  3. 3 Whether the conviction should be quashed in light of new evidence and the SCA's conclusive grounds decision

Ratio Decidendi

There is insufficient justification for not respecting the SCA’s conclusive grounds decision that the appellant was a victim of modern slavery at the material time. In view of the respondent’s acceptance that, had this been known, prosecution would not have been in the public interest, the conviction must be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • The appellant’s conviction is quashed.
  • No order for a re-trial.