BYA v R

BYA v R

The applicant was a victim of trafficking whose offence was committed under compulsion directly arising from her trafficking and exploitation. The CPS failed to consider her status as a victim of trafficking, and had they done so, prosecution would or might well not have been pursued. Her culpability was significantly diminished, and the public interest did not require prosecution. The conviction is unsafe and must be quashed.

Parties
Appellant: BYA; Respondent: R
Jurisdiction
England and Wales
Judgment Date
13 October 2022
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Out of Time, Admission of Fresh Evidence, and Substantive Appeal Against Conviction
Outcome
Appeal allowed; conviction quashed
Legal Topics
Abuse of Process, Victims of Trafficking, Compulsion and Culpability, Fresh Evidence, Change in Law, Public Interest in Prosecution, Guilty Plea Appeals
Criminal Law Human Trafficking Immigration Law Human Rights Abuse of Process Victims of Trafficking Compulsion and Culpability Fresh Evidence +3 more

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Parties

BYA

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Out of Time, Admission of Fresh Evidence, and Substantive Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant's conviction for possession of a false identity document with intent is unsafe due to her status as a victim of trafficking and compulsion arising from that status
  2. 2 Whether the prosecution amounted to an abuse of process in light of international and domestic obligations to victims of trafficking
  3. 3 Whether fresh evidence should be admitted and whether leave to appeal out of time should be granted

Ratio Decidendi

The applicant was a victim of trafficking whose offence was committed under compulsion directly arising from her trafficking and exploitation. The CPS failed to consider her status as a victim of trafficking, and had they done so, prosecution would or might well not have been pursued. Her culpability was significantly diminished, and the public interest did not require prosecution. The conviction is unsafe and must be quashed.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Leave to appeal out of time granted
  • Fresh evidence admitted