REGINA v BWM

REGINA v BWM

The applicant's conviction is unsafe because he was a victim of trafficking and would have had a valid section 45 defence if the evidence now available had been known at the time. His guilty plea was vitiated by inappropriate judicial pressure and lack of understanding of consequences, warranting intervention by the Court of Appeal.

Parties
Respondent: Regina; Appellant: BWM
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Modern Slavery, Trafficking, Section 45 Defence, Guilty Plea, Abuse of Process
Criminal Law Human Rights Modern Slavery Trafficking Section 45 Defence Guilty Plea Abuse of Process

Case Brief

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Parties

Regina

Respondent

BWM

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction is unsafe due to failure to advise on section 45 defence
  2. 2 Whether the prosecution was an abuse of process given the applicant's status as a victim of trafficking
  3. 3 Whether new evidence should be admitted on appeal

Ratio Decidendi

The applicant's conviction is unsafe because he was a victim of trafficking and would have had a valid section 45 defence if the evidence now available had been known at the time. His guilty plea was vitiated by inappropriate judicial pressure and lack of understanding of consequences, warranting intervention by the Court of Appeal.

Court Disposition

appeal allowed; conviction quashed

Orders

  • leave to appeal granted
  • conviction quashed