O v R.

O v R.

The applicant was a victim of trafficking; there was a direct nexus between her trafficking and the offences; no proper consideration was given by the prosecutor to the public interest in prosecuting a trafficking victim as required by guidance; the convictions are unsafe and must be quashed; and the extension of time is justified to prevent significant injustice.

Parties
Applicant/appellant: O; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Criminal Appeal / Judgment on Application for Extension of Time, Permission to Appeal, and Appeal Against Conviction
Outcome
Appeal allowed; convictions quashed; extension of time granted; anonymity order continued.
Legal Topics
Victims of Trafficking, Abuse of Process, Public Interest in Prosecution, Fresh Evidence on Appeal, Anonymity Orders
Criminal Law Human Rights Law Immigration Law Victims of Trafficking Abuse of Process Public Interest in Prosecution Fresh Evidence on Appeal Anonymity Orders

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Parties

O

Applicant/appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Application for Extension of Time, Permission to Appeal, and Appeal Against Conviction

Legal Issues

  1. 1 Whether the applicant was a victim of trafficking at the time of the offences
  2. 2 Whether there was a sufficient nexus between the trafficking and the offences to extinguish culpability
  3. 3 Whether the prosecutor considered the public interest in prosecuting a trafficking victim as required by guidance

Ratio Decidendi

The applicant was a victim of trafficking; there was a direct nexus between her trafficking and the offences; no proper consideration was given by the prosecutor to the public interest in prosecuting a trafficking victim as required by guidance; the convictions are unsafe and must be quashed; and the extension of time is justified to prevent significant injustice.

Court Disposition

Appeal allowed; convictions quashed; extension of time granted; anonymity order continued.

Orders

  • Extension of time to appeal granted
  • Permission to adduce fresh evidence granted