Roci & Anor, R. v

Roci & Anor, R. v

The sentences imposed were excessive given the circumstances, including the victims' voluntary arrival for prostitution and the relatively minor coercion compared to other cases. Deterrent sentences are necessary, but the degree of involvement and mitigating factors warrant reduced sentences.

Parties
Prosecutor: Regina; Applicant: Lorenc Roci; Applicant: Vullnet Ismailaj
Jurisdiction
England and Wales
Judgment Date
16 November 2005
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeals allowed
Legal Topics
Trafficking, Prostitution, Sentencing, Deportation
Criminal Law Trafficking Prostitution Sentencing Deportation

Case Brief

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Parties

Regina

Prosecutor

Lorenc Roci

Applicant

Vullnet Ismailaj

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 whether the sentences imposed for conspiracy to control prostitution for gain and conspiracy to arrange or facilitate arrival for sexual exploitation were excessive
  2. 2 whether sufficient credit was given for guilty pleas
  3. 3 whether aggravating and mitigating factors were properly considered

Ratio Decidendi

The sentences imposed were excessive given the circumstances, including the victims' voluntary arrival for prostitution and the relatively minor coercion compared to other cases. Deterrent sentences are necessary, but the degree of involvement and mitigating factors warrant reduced sentences.

Court Disposition

appeals allowed

Orders

  • sentence of 4 years for Roci quashed and substituted with 3 years' imprisonment
  • sentence of 11 years for Ismailaj quashed and substituted with 9 years' imprisonment