R v K (Modern Slavery)
[2018] EWCA Crim 1432
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The statutory defence under s.45 Modern Slavery Act 2015 provides that a person is not guilty of an offence if they committed it because they were compelled to do so as a direct consequence of being a victim of slavery or exploitation.
Facts
A Vietnamese national was convicted of cannabis cultivation. He argued he was a victim of trafficking who had been compelled to carry out the activity under duress.
Judgment Summary
The Court of Appeal considered the scope of the s.45 defence, holding that it applies where a reasonable person in the same situation with the relevant characteristics would have no realistic alternative but to commit the offence.
Key Quotes
"The s.45 defence recognises that victims of trafficking may be compelled to commit criminal offences and should not be punished for doing so."
— Sir Brian Leveson P
Subsequent Treatment
Applied in subsequent trafficking victim prosecution cases.
What To Do Next
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