ABR, R. v [2024] EWCA Crim 625 (14 May 2024)
The conviction is unsafe because the prosecution failed to follow CPS policy regarding trafficking victims and fresh evidence shows the appellant was a victim of trafficking with mental health vulnerabilities, depriving him of a likely successful defence.
- Citation
- [2024] EWCA Crim 625
- Parties
- Applicant/appellant: A. B. R.; Respondent: Rex (The Crown)
- Jurisdiction
- England and Wales
- Judgment Date
- 14 May 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time and Leave to Admit Fresh Evidence
- Outcome
- Conviction quashed; no retrial ordered.
- Legal Topics
- Abuse of Process, Victim of Trafficking Defence, Guilty Plea, Fresh Evidence, CPS Policy
Case Brief
Summary, issues, holding and outcome
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Parties
A. B. R.
Applicant/appellant
Rex (The Crown)
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Guilty Plea; Application for Extension of Time and Leave to Admit Fresh Evidence
Legal Issues
- 1 Whether the prosecution of a trafficking victim was an abuse of process
- 2 Whether the guilty plea was equivocal due to mental health and trafficking status
- 3 Whether fresh evidence renders the conviction unsafe
Ratio Decidendi
The conviction is unsafe because the prosecution failed to follow CPS policy regarding trafficking victims and fresh evidence shows the appellant was a victim of trafficking with mental health vulnerabilities, depriving him of a likely successful defence.
Court Disposition
Conviction quashed; no retrial ordered.
Orders
- Conviction quashed
- No retrial ordered
Full Case Text
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