O, R. v
The conviction was unsafe due to failure to investigate trafficking, duress, and age, and lack of procedural protections required by law and convention; there was no fair trial.
- Parties
- Appellant: O; Respondent: Regina
- Jurisdiction
- England and Wales
- Judgment Date
- 02 September 2008
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal allowed
- Legal Topics
- Trafficking, Duress, Fair Trial, Procedural Protection, Youth Justice
Case Brief
Summary, issues, holding and outcome
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Parties
O
Appellant
Regina
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the absence of an interpreter undermined the fairness of proceedings
- 2 Whether the appellant was a victim of trafficking and entitled to protection under relevant conventions and protocols
- 3 Whether the appellant was entitled to rely on the defence of duress
Ratio Decidendi
The conviction was unsafe due to failure to investigate trafficking, duress, and age, and lack of procedural protections required by law and convention; there was no fair trial.
Court Disposition
appeal allowed
Orders
- conviction quashed
- anonymity order for appellant maintained
Full Case Text
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