BRP v R

BRP v R

Even accepting the appellant’s account of forced labour and threats, the prosecution would probably have been able to prove that a reasonable person in his situation would have had a realistic alternative to participating in the offence; thus, a s. 45 defence would probably have failed and the conviction is not unsafe.

Parties
Appellant: BRP; Respondent: REX
Jurisdiction
England and Wales
Judgment Date
25 January 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction Following Guilty Plea
Outcome
Appeal dismissed
Legal Topics
Section 45 Modern Slavery Act Defence, Guilty Plea Vitiation, Forced Labour, Compulsion, Reasonable Alternatives, Trafficking Victim Status, Fresh Evidence on Appeal
Criminal Law Human Trafficking Modern Slavery Section 45 Modern Slavery Act Defence Guilty Plea Vitiation Forced Labour Compulsion Reasonable Alternatives +2 more

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Parties

BRP

Appellant

REX

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Following Guilty Plea

Legal Issues

  1. 1 Whether the appellant was deprived of a good defence under s. 45 of the Modern Slavery Act 2015 due to lack of advice
  2. 2 Whether the conviction is unsafe in light of fresh evidence of trafficking and forced labour
  3. 3 Whether a reasonable person in the appellant’s situation would have had a realistic alternative to committing the offence

Ratio Decidendi

Even accepting the appellant’s account of forced labour and threats, the prosecution would probably have been able to prove that a reasonable person in his situation would have had a realistic alternative to participating in the offence; thus, a s. 45 defence would probably have failed and the conviction is not unsafe.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Extension of time granted