Amin, R. v

Amin, R. v

The applicant was a victim of human trafficking and forced labour, and his offence was committed under compulsion closely linked to his trafficked status. The statutory defence under section 45 of the Modern Slavery Act 2015 was available and would probably have succeeded. He was deprived of this defence through no fault of his own, rendering his conviction unsafe and causing a serious injustice.

Parties
Applicant: PBL; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 October 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Modern Slavery, Human Trafficking, Statutory Defence, Refugee Status, Representation Order
Criminal Law Human Rights Law Immigration Law Modern Slavery Human Trafficking Statutory Defence Refugee Status Representation Order

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Parties

PBL

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to being a victim of trafficking and forced labour
  2. 2 Whether the statutory defence under section 45 of the Modern Slavery Act 2015 was available and not properly considered
  3. 3 Whether the applicant was deprived of a defence which would probably have succeeded

Ratio Decidendi

The applicant was a victim of human trafficking and forced labour, and his offence was committed under compulsion closely linked to his trafficked status. The statutory defence under section 45 of the Modern Slavery Act 2015 was available and would probably have succeeded. He was deprived of this defence through no fault of his own, rendering his conviction unsafe and causing a serious injustice.

Court Disposition

appeal allowed; conviction quashed

Orders

  • extension of time granted
  • leave to appeal granted