O & N v R. (Rev 1)

O & N v R. (Rev 1)

N's conviction is unsafe due to his status as a victim of trafficking, the nexus and compulsion present, and lack of public interest in prosecution. Fresh evidence justifies quashing the conviction. O's conviction is safe; although she is given the benefit of the doubt as a victim of trafficking, there was no nexus or compulsion at the relevant time, and public interest required prosecution. Her sentence was not manifestly excessive.

Parties
Appellant: O; Appellant: N; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
N's appeal allowed, conviction quashed; O's appeal against conviction and sentence dismissed.
Legal Topics
Victim of Trafficking, Public Interest in Prosecution, Nexus Between Trafficking and Offending, Compulsion, Appeal Against Conviction, Appeal Against Sentence, Fresh Evidence
Criminal Law Human Trafficking Modern Slavery Victim of Trafficking Public Interest in Prosecution Nexus Between Trafficking and Offending Compulsion Appeal Against Conviction +2 more

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Parties

O

Appellant

N

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellants were victims of trafficking at the material time
  2. 2 Whether there was a nexus between the trafficking and the offences committed
  3. 3 Whether compulsion was present

Ratio Decidendi

N's conviction is unsafe due to his status as a victim of trafficking, the nexus and compulsion present, and lack of public interest in prosecution. Fresh evidence justifies quashing the conviction. O's conviction is safe; although she is given the benefit of the doubt as a victim of trafficking, there was no nexus or compulsion at the relevant time, and public interest required prosecution. Her sentence was not manifestly excessive.

Court Disposition

N's appeal allowed, conviction quashed; O's appeal against conviction and sentence dismissed.

Orders

  • N's conviction quashed
  • N granted anonymity