O & N v R. (Rev 1) [2019] EWCA Crim 752 (09 May 2019)

O & N v R. (Rev 1) [2019] EWCA Crim 752 (09 May 2019)

In N's case, the court found credible and consistent evidence that he was a victim of trafficking, that there was a clear nexus and compulsion linking his offending to his trafficking, and that prosecution was not in the public interest. The conviction was therefore unsafe and quashed. In O's case, although the court gave her the benefit of the doubt as a victim of trafficking, it found no nexus or compulsion at the relevant time, and that public interest required prosecution. Her conviction and sentence were upheld.

Citation
[2019] EWCA Crim 752
Parties
Appellant: O; Appellant: N; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
N: Appeal allowed, conviction quashed. O: Permission to appeal conviction refused, appeal against sentence dismissed.
Legal Topics
Victims of Trafficking, Public Interest in Prosecution, Fresh Evidence on Appeal, Duress, Nexus Between Trafficking and Offending, Abuse of Process, Sentencing, Asylum Claims
Criminal Law Human Trafficking Modern Slavery Victims of Trafficking Public Interest in Prosecution Fresh Evidence on Appeal Duress Nexus Between Trafficking and Offending +3 more

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Parties

O

Appellant

N

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants were victims of trafficking at the time of offending
  2. 2 Whether there was a nexus between the trafficking and the offences committed
  3. 3 Whether it was in the public interest to prosecute the appellants

Ratio Decidendi

In N's case, the court found credible and consistent evidence that he was a victim of trafficking, that there was a clear nexus and compulsion linking his offending to his trafficking, and that prosecution was not in the public interest. The conviction was therefore unsafe and quashed. In O's case, although the court gave her the benefit of the doubt as a victim of trafficking, it found no nexus or compulsion at the relevant time, and that public interest required prosecution. Her conviction and sentence were upheld.

Court Disposition

N: Appeal allowed, conviction quashed. O: Permission to appeal conviction refused, appeal against sentence dismissed.

Orders

  • N: Extension of time granted, permission to rely on fresh evidence granted, conviction quashed, anonymity order continued.
  • O: Permission to appeal conviction refused, appeal against sentence dismissed, anonymity order continued pending asylum determination.