MK v R

MK v R

Section 45 of the Modern Slavery Act 2015 does not impose a legal or persuasive burden of proof on the defendant for any element of the defence. The defendant bears only an evidential burden; the prosecution must disprove each element to the criminal standard.

Parties
Appellant: MK; Respondent: REGINA; Appellant: Persida Gega (a.k.a. Anna Maione)
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed for MK; conviction quashed and retrial ordered. Appeal granted for Gega but dismissed; conviction upheld.
Legal Topics
Burden of Proof, Statutory Defence, Modern Slavery, Human Trafficking, Reverse Onus, Duress, Identity Documents
Criminal Law Human Rights Burden of Proof Statutory Defence Modern Slavery Human Trafficking Reverse Onus Duress +1 more

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Parties

MK

Appellant

REGINA

Respondent

Persida Gega (a.k.a. Anna Maione)

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the legal or persuasive burden of proof rests on the defendant when raising a defence under section 45 of the Modern Slavery Act 2015
  2. 2 Whether section 45 imposes a legal or evidential burden on the defendant
  3. 3 Whether the prosecution must disprove the elements of the defence to the criminal standard

Ratio Decidendi

Section 45 of the Modern Slavery Act 2015 does not impose a legal or persuasive burden of proof on the defendant for any element of the defence. The defendant bears only an evidential burden; the prosecution must disprove each element to the criminal standard.

Court Disposition

Appeal allowed for MK; conviction quashed and retrial ordered. Appeal granted for Gega but dismissed; conviction upheld.

Orders

  • Retrial ordered for MK.
  • Application for leave to appeal against sentence for MK falls away.