R v Taun Van Nguyen
[2023] EWCA Crim 1376
R v BNN
22 August 2024
[2024] EWCA Crim 991
Court of Appeal
A Vietnamese man, BNN, was convicted of growing cannabis. He said he was forced to do it because he was trafficked. The court said his guilty plea wasn't forced, but the police didn't follow the rules about investigating whether he was a trafficking victim. Even though the police made mistakes, the court still said the conviction was fair because the crime was serious and BNN had choices that showed he wasn't completely forced.
Key Facts
- •BNN, a Vietnamese national, pleaded guilty to producing cannabis.
- •BNN claimed to be a victim of human trafficking, forced to work to repay debts to the Vietnamese Triads.
- •BNN's application for anonymity was granted under section 11 of the Contempt of Court Act 1981.
- •BNN's application for an extension of time to appeal his conviction was considered.
- •The case involved 342 cannabis plants with a significant retail value.
- •The judge gave an unsolicited indication of sentence before a plea was entered.
- •The CPS guidance on prosecuting victims of trafficking was not followed.
- •BNN's plea was challenged as equivocal and resulting from undue pressure.
- •Fresh evidence, including SCA decisions recognizing BNN as a victim of modern slavery, was submitted.
Legal Principles
Anonymity orders can be granted under section 11 of the Contempt of Court Act 1981 to protect an applicant's welfare.
Contempt of Court Act 1981
Open justice is an important principle, but can be balanced against an individual's welfare.
This case
An appeal against conviction can be based on an equivocal plea or undue pressure, requiring the appellant to establish the relevant circumstances.
R v Tredget [2022] EWCA Crim 108
An unsolicited indication of sentence can constitute improper pressure, but a link between the indication and the subsequent plea must be established.
Nightingale [2013] EWCA Crim 405
Failure to follow CPS guidance on prosecuting victims of trafficking can lead to an abuse of process claim.
CPS Guidance on Modern Slavery, Human Trafficking and Smuggling; AFU [2023] EWCA Crim 23
The decision to prosecute rests with the prosecution, but the court can intervene if guidance is disregarded and the decision is clearly flawed.
AFU [2023] EWCA Crim 23
Section 45 of the Modern Slavery Act 2015 doesn't automatically grant immunity from prosecution; the degree of compulsion and available alternatives are critical.
Modern Slavery Act 2015, s45; R v V [2020] EWCA Crim 1355
Outcomes
Anonymity granted to BNN.
Applicant's welfare requires anonymity.
Appeal on grounds of equivocal plea and undue pressure dismissed.
No evidence established an equivocal plea or direct link between the judge's comments and the plea decision.
Appeal on grounds of abuse of process allowed.
CPS failed to follow its guidance on prosecuting potential victims of trafficking.
Overall appeal dismissed.
While CPS guidance was not followed, the court found the conviction safe, considering the seriousness of the offence, BNN's independent actions, and his decision not to pursue a section 45 defence.