R v Tan Cong Nguyen

R v Tan Cong Nguyen

A greater proportion of the electronic datum should be allowed in the PPE count because the prosecution relied on the holistic use of the mobile phone, including images and app usage, to disprove the modern slavery defence. However, not all electronic datum should be included; only those categories actually relied upon by the prosecution. Given the 10,000 page cap, the appropriate PPE count is 10,131 pages.

Parties
Appellant: REX; Respondent: Tan Cong Nguyen
Jurisdiction
England and Wales
Judgment Date
17 March 2025
Procedural Posture
Costs Appeal (criminal Legal Aid) / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Litigator's Graduated Fees Scheme, Pages of Prosecution Evidence, Criminal Legal Aid (remuneration) Regulations 2013, Electronic Evidence, Costs Assessment
Criminal Law Legal Aid Costs Litigator's Graduated Fees Scheme Pages of Prosecution Evidence Criminal Legal Aid (remuneration) Regulations 2013 Electronic Evidence Costs Assessment

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Parties

REX

Appellant

Tan Cong Nguyen

Respondent

Procedural Posture

Costs Appeal (criminal Legal Aid) / Judgment on Appeal

Legal Issues

  1. 1 Whether the total pages of prosecution evidence (PPE) should be 10,000 as claimed or 882 as allowed
  2. 2 What categories of electronic evidence should be included in the PPE count under the 2013 Regulations

Ratio Decidendi

A greater proportion of the electronic datum should be allowed in the PPE count because the prosecution relied on the holistic use of the mobile phone, including images and app usage, to disprove the modern slavery defence. However, not all electronic datum should be included; only those categories actually relied upon by the prosecution. Given the 10,000 page cap, the appropriate PPE count is 10,131 pages.

Court Disposition

appeal allowed

Orders

  • The appropriate additional payment, including the £100 paid on appeal, plus costs of £750 (+ any VAT payable), should be made to the Appellants.
  • PPE count set at 10,131 pages.