Wabelua & Ors, R v [2020] EWCA Crim 783 (9 June 2020)

Wabelua & Ors, R v [2020] EWCA Crim 783 (9 June 2020)

The trafficking prosecution was not an abuse of process as it was based on distinct conduct from the drugs conspiracy; the exclusion of the hearsay evidence was correct as it was irrelevant to the issues; the sentence was not disproportionate; STPOs were justified due to real risk, but some terms were unnecessary or unclear and the duration excessive, requiring modification.

Citation
[2020] EWCA Crim 783
Parties
Prosecution: Regina; Appellant: Glodi Wabelua; Appellant: Dean Alford; Appellant: Michael Karemera
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction, Sentence, and Slavery and Trafficking Prevention Orders
Outcome
Appeals against conviction and sentence dismissed; appeals against STPOs allowed in part; original STPOs quashed and replaced with modified orders for seven years with clarified terms.
Legal Topics
Human Trafficking, Modern Slavery, Abuse of Process, Sentencing, Slavery and Trafficking Prevention Orders
Criminal Law Human Trafficking Modern Slavery Abuse of Process Sentencing Slavery and Trafficking Prevention Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Glodi Wabelua

Appellant

Dean Alford

Appellant

Michael Karemera

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction, Sentence, and Slavery and Trafficking Prevention Orders

Legal Issues

  1. 1 Whether prosecution for trafficking was an abuse of process due to prior conviction for related conduct
  2. 2 Whether exclusion of hearsay evidence was erroneous
  3. 3 Whether sentence imposed was disproportionate

Ratio Decidendi

The trafficking prosecution was not an abuse of process as it was based on distinct conduct from the drugs conspiracy; the exclusion of the hearsay evidence was correct as it was irrelevant to the issues; the sentence was not disproportionate; STPOs were justified due to real risk, but some terms were unnecessary or unclear and the duration excessive, requiring modification.

Court Disposition

Appeals against conviction and sentence dismissed; appeals against STPOs allowed in part; original STPOs quashed and replaced with modified orders for seven years with clarified terms.

Orders

  • Refusal of renewed applications for leave to appeal conviction and sentence for Wabelua
  • Quashing of original STPOs