R v Ritvan Fucija

R v Ritvan Fucija

The applicant was aware of the possibility to raise modern slavery as a defence and was properly advised before pleading guilty. The plea was unequivocal and not vitiated by the subsequent conclusive grounds decision or fresh evidence. There are no arguable grounds that the prosecution was an abuse of process or should not have proceeded.

Parties
Prosecutor: Rex; Applicant: Ritvan Fucija
Jurisdiction
England and Wales
Judgment Date
24 June 2024
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction
Outcome
application refused
Legal Topics
Modern Slavery, Guilty Plea, Abuse of Process, Statutory Defence, Fresh Evidence
Criminal Law Modern Slavery Guilty Plea Abuse of Process Statutory Defence Fresh Evidence

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Parties

Rex

Prosecutor

Ritvan Fucija

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time and Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant's conviction is unsafe due to his status as a victim of modern slavery
  2. 2 Whether fresh evidence justifies an extension of time and leave to appeal
  3. 3 Whether the prosecution should have proceeded in light of the applicant's trafficking status

Ratio Decidendi

The applicant was aware of the possibility to raise modern slavery as a defence and was properly advised before pleading guilty. The plea was unequivocal and not vitiated by the subsequent conclusive grounds decision or fresh evidence. There are no arguable grounds that the prosecution was an abuse of process or should not have proceeded.

Court Disposition

application refused

Orders

  • Extension of time refused
  • Leave to appeal refused