Attorney General's Reference Nos. 129 & 132 of 2006

Attorney General's Reference Nos. 129 & 132 of 2006

The sentences imposed on Godwin Zammit and Elisabeth Delgado-Fernandez were manifestly excessive given the absence of coercion, deception, or violence, the limited number of women involved at any one time, and the subordinate role and lesser financial benefit of Delgado-Fernandez; sentences were reduced accordingly. The sentence imposed on Thanh Hue Thi, though lenient, was not unduly so given the single proven case of coercion, the scale of the operation, and personal mitigation.

Parties
Applicant/offender: Elisabeth Delgado-Fernandez; Applicant/offender: Godwin Zammit; Applicant/offender: Thanh Hue Thi; Respondent/applicant: Attorney General
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Sentence Appeals and References
Outcome
Applications by Zammit and Delgado-Fernandez allowed; sentences reduced. Attorney General's references dismissed. Sentence for Thanh Hue Thi not increased.
Legal Topics
Trafficking for Sexual Exploitation, Controlling Prostitution for Gain, Facilitating Breach of Immigration Law, Sentencing Guidelines, Attorney General's Reference
Criminal Law Immigration Law Human Trafficking Trafficking for Sexual Exploitation Controlling Prostitution for Gain Facilitating Breach of Immigration Law Sentencing Guidelines Attorney General's Reference

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Parties

Elisabeth Delgado-Fernandez

Applicant/offender

Godwin Zammit

Applicant/offender

Thanh Hue Thi

Applicant/offender

Attorney General

Respondent/applicant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Sentence Appeals and References

Legal Issues

  1. 1 Whether the sentences imposed on the offenders were manifestly excessive or unduly lenient for offences of trafficking for sexual exploitation, controlling prostitution for gain, and facilitating breach of immigration law
  2. 2 Appropriate sentencing principles for trafficking and related offences under the Sexual Offences Act 2003 and Criminal Justice Act 2003

Ratio Decidendi

The sentences imposed on Godwin Zammit and Elisabeth Delgado-Fernandez were manifestly excessive given the absence of coercion, deception, or violence, the limited number of women involved at any one time, and the subordinate role and lesser financial benefit of Delgado-Fernandez; sentences were reduced accordingly. The sentence imposed on Thanh Hue Thi, though lenient, was not unduly so given the single proven case of coercion, the scale of the operation, and personal mitigation.

Court Disposition

Applications by Zammit and Delgado-Fernandez allowed; sentences reduced. Attorney General's references dismissed. Sentence for Thanh Hue Thi not increased.

Orders

  • Godwin Zammit: sentence reduced to five years' imprisonment on counts 1 and 3, concurrent.
  • Elisabeth Delgado-Fernandez: sentence reduced to four years' imprisonment on counts 1 and 3, concurrent.