Wabelua & Ors, R v

Wabelua & Ors, R v

The trafficking prosecution was not an abuse of process as it was based on distinct conduct from the prior drugs conspiracy; the hearsay evidence was irrelevant and properly excluded; the sentence was not disproportionate; and while STPOs were necessary, several of their terms were not necessary or proportionate and required modification for clarity and duration.

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 / Judgment on Appeal Against Conviction, Sentence, and Slavery and Trafficking Prevention Orders
Outcome
Appeal against conviction and sentence dismissed; appeal against STPOs allowed in part
Legal Topics
Abuse of Process, Double Jeopardy, Hearsay Evidence, Sentencing, Slavery and Trafficking Prevention Orders, Necessity and Proportionality of Preventive Orders
Criminal Law Human Trafficking Modern Slavery Abuse of Process Double Jeopardy Hearsay Evidence Sentencing Slavery and Trafficking Prevention Orders +1 more

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Parties

Regina

Prosecution

Glodi Wabelua

Appellant

Dean Alford

Appellant

Michael Karemera

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against 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 drug offences
  2. 2 Whether hearsay evidence regarding the victim's statement should have been admitted
  3. 3 Whether sentence imposed was disproportionate compared to co-defendants

Ratio Decidendi

The trafficking prosecution was not an abuse of process as it was based on distinct conduct from the prior drugs conspiracy; the hearsay evidence was irrelevant and properly excluded; the sentence was not disproportionate; and while STPOs were necessary, several of their terms were not necessary or proportionate and required modification for clarity and duration.

Court Disposition

Appeal against conviction and sentence dismissed; appeal against STPOs allowed in part

Orders

  • Conviction and sentence of Glodi Wabelua upheld
  • Original STPOs quashed and replaced with modified orders of seven years' duration with clarified and reduced terms