Joseph & Ors, R. v [2017] EWCA Crim 36 (09 February 2017)

Joseph & Ors, R. v [2017] EWCA Crim 36 (09 February 2017)

The court held that the existing legal regime, including prosecutorial discretion and the abuse of process jurisdiction, adequately implements the UK's international obligations regarding non-punishment of trafficking victims. The law of duress is not to be expanded retrospectively. Each case is fact-specific, requiring a sufficient nexus between trafficking and the offence. In the cases reviewed, the gravity of the offences and lack of sufficient nexus or compulsion justified prosecution and conviction.

Citation
[2017] EWCA Crim 36
Parties
Respondent: Regina; Appellant/applicant: Verna Sermanfure Joseph; Appellant/applicant: Alexandra Dorina Craciunescu; Appellant: VCL; Appellant: NTN; Applicant: Dong Nguyen; Appellant: AA; Intervener: Anti-Slavery International
Jurisdiction
England and Wales
Judgment Date
09 February 2017
Procedural Posture
Criminal Appeal and Reference / Appeal From Crown Court and Reference From Criminal Cases Review Commission
Outcome
Applications for extension of time and leave to appeal against conviction refused; convictions upheld.
Legal Topics
Human Trafficking, Modern Slavery Act 2015, Defence of Duress, Abuse of Process, Prosecutorial Discretion, Non Punishment of Trafficking Victims
Criminal Law Human Rights Law Human Trafficking Modern Slavery Act 2015 Defence of Duress Abuse of Process Prosecutorial Discretion Non Punishment of Trafficking Victims

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Parties

Regina

Respondent

Verna Sermanfure Joseph

Appellant/applicant

Alexandra Dorina Craciunescu

Appellant/applicant

VCL

Appellant

NTN

Appellant

Dong Nguyen

Applicant

AA

Appellant

Anti-Slavery International

Intervener

Procedural Posture

Criminal Appeal and Reference / Appeal From Crown Court and Reference From Criminal Cases Review Commission

Legal Issues

  1. 1 Whether victims of human trafficking who commit crimes are entitled to a defence or non-prosecution where there is a nexus between the trafficking and the offence
  2. 2 Whether the common law defence of duress should be expanded to align with international obligations and the Modern Slavery Act 2015
  3. 3 The evidential and procedural requirements for establishing victim status and nexus to the offence

Ratio Decidendi

The court held that the existing legal regime, including prosecutorial discretion and the abuse of process jurisdiction, adequately implements the UK's international obligations regarding non-punishment of trafficking victims. The law of duress is not to be expanded retrospectively. Each case is fact-specific, requiring a sufficient nexus between trafficking and the offence. In the cases reviewed, the gravity of the offences and lack of sufficient nexus or compulsion justified prosecution and conviction.

Court Disposition

Applications for extension of time and leave to appeal against conviction refused; convictions upheld.

Orders

  • Applications for extension of time refused.
  • Applications for leave to appeal against conviction refused.