O, R. v

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

O

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

  1. 1 Whether the absence of an interpreter undermined the fairness of proceedings
  2. 2 Whether the appellant was a victim of trafficking and entitled to protection under relevant conventions and protocols
  3. 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