R v BXR

R v BXR

The degree of compulsion felt by the appellant as a result of his trafficking experiences was very high, reducing his culpability for the offending to a very low level if not wholly extinguishing it. The nexus between trafficking and the offences was direct. Had the CPS known the trafficking circumstances, it would very likely not have prosecuted. Therefore, the convictions are unsafe and must be quashed.

Parties
Respondent: R; Appellant: BXR
Jurisdiction
England and Wales
Judgment Date
10 November 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Convictions quashed; fresh evidence admitted; anonymity order continued.
Legal Topics
Trafficking in Persons, Modern Slavery, Abuse of Process, Public Interest in Prosecution, Compulsion and Duress, Quashing Convictions
Criminal Law Human Rights Law Immigration Law Trafficking in Persons Modern Slavery Abuse of Process Public Interest in Prosecution Compulsion and Duress +1 more

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Parties

R

Respondent

BXR

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant's convictions should be quashed due to being a victim of trafficking and compulsion
  2. 2 Whether prosecution was in the public interest given the appellant's trafficking circumstances
  3. 3 Whether fresh evidence of trafficking should be admitted

Ratio Decidendi

The degree of compulsion felt by the appellant as a result of his trafficking experiences was very high, reducing his culpability for the offending to a very low level if not wholly extinguishing it. The nexus between trafficking and the offences was direct. Had the CPS known the trafficking circumstances, it would very likely not have prosecuted. Therefore, the convictions are unsafe and must be quashed.

Court Disposition

Convictions quashed; fresh evidence admitted; anonymity order continued.

Orders

  • Convictions on indictment quashed.
  • Conviction of summary offence quashed.