IYANU ADEBAYO AGAINST THE PROCURATOR FISCAL, PAISLEY [2015] ScotHC HCJAC_79 (20 August 2015)

IYANU ADEBAYO AGAINST THE PROCURATOR FISCAL, PAISLEY [2015] ScotHC HCJAC_79 (20 August 2015)

The court refused to quash the conviction because the issue of trafficking was not raised at the time of plea or sentencing, the guilty plea was unequivocal and entered with legal representation, and there were no exceptional circumstances justifying intervention.

Source-derived case information.

Citation
[2015] ScotHC HCJAC_79
Parties
Complainer: Iyanu Adebayo; Respondent: Procurator Fiscal, Paisley
Jurisdiction
Scotland
Judgment Date
20 August 2015
Procedural Posture
Bill of Suspension / Appeal
Outcome
Bill refused
Legal Topics
Identity Document Offences, Human Trafficking, Abuse of Process, Guilty Plea Validity
Criminal Law Identity Document Offences Human Trafficking Abuse of Process Guilty Plea Validity

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Parties

Iyanu Adebayo

Complainer

Procurator Fiscal, Paisley

Respondent

Procedural Posture

Bill of Suspension / Appeal

  1. 1 Whether the conviction should be quashed due to alleged trafficking
  2. 2 Whether the guilty plea was equivocal
  3. 3 Whether prosecution constituted abuse of process

Ratio Decidendi

The court refused to quash the conviction because the issue of trafficking was not raised at the time of plea or sentencing, the guilty plea was unequivocal and entered with legal representation, and there were no exceptional circumstances justifying intervention.

Court Disposition

Bill refused