R v Nevada Horatio Farrel
The Recorder fatally incorporated the adult element of 'no realistic alternative' into the direction for the minor applicant, instead of the correct test of whether a reasonable person would do the act, rendering the conviction unsafe.
- Parties
- Applicant: Nevada Horatio Farrel; Respondent: The Crown
- Jurisdiction
- England and Wales
- Judgment Date
- 26 May 2022
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Conviction
- Outcome
- appeal allowed
- Legal Topics
- Misdirection, Modern Slavery Defence, Drug Offences, Youth Justice
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nevada Horatio Farrel
Applicant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Legal Issues
- 1 Whether the Recorder misdirected the jury regarding the section 45 Modern Slavery Act 2015 defence for a minor
- 2 Whether the conviction is unsafe due to the misdirection
Ratio Decidendi
The Recorder fatally incorporated the adult element of 'no realistic alternative' into the direction for the minor applicant, instead of the correct test of whether a reasonable person would do the act, rendering the conviction unsafe.
Court Disposition
appeal allowed
Orders
- application for leave granted
- convictions quashed
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment