R v SK
[2011] EWCA Crim 1691
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
Where a defendant in criminal proceedings is or may be a victim of trafficking, the court must consider the extent to which their criminal conduct was compelled by their traffickers. The CPS should not prosecute victims of trafficking for offences committed as a direct consequence of their trafficking.
Facts
The defendant, a Vietnamese national, was convicted of cannabis cultivation. She argued she had been trafficked and forced to tend cannabis plants under threat of violence.
Judgment Summary
The Court of Appeal quashed the conviction, holding that the CPS guidance on trafficking victims must be applied. Where there is credible evidence that a defendant was trafficked and the offending was a direct consequence of trafficking, prosecution may be an abuse of process.
Key Quotes
"The Crown Prosecution Service should not prosecute victims of trafficking for offences which are consequent on their being trafficked."
— Lord Judge CJ
Subsequent Treatment
Applied in subsequent trafficking cases; now reinforced by s.45 Modern Slavery Act 2015 defence.
What To Do Next
Get Professional Help