Key Facts
- •Jamie Dunn and Catalina Cojocaru pleaded guilty to conspiracy to traffic people (under s 2(1) Modern Slavery Act 2015), conspiracy to control prostitution for gain (under s 53 Sexual Offences Act 2003), and (Dunn only) acquiring criminal property (under s 329(1)(a) Proceeds of Crime Act 2002).
- •The conspiracies involved a prostitution ring operating in the Midlands between 2016 and 2017, recruiting women primarily from Romania.
- •The operation involved online advertising, multiple properties used as brothels, and the defendants controlling finances and communications with sex workers.
- •The defendants controlled the sex workers' earnings, taking a significant percentage.
- •The police investigation uncovered extensive evidence, including text messages, financial records, and photographs.
- •Both defendants had established legitimate businesses after their arrests.
- •Both defendants had mitigating circumstances, including difficult childhoods and mental health issues.
- •The judge considered the agreed basis of plea, which stated the sex workers acted of their own free will and weren't coerced.
Legal Principles
Reporting restrictions under the Sexual Offences (Amendment) Act 1992 apply to prevent the identification of victims of sexual offences.
Sexual Offences (Amendment) Act 1992
Sentencing guidelines for offences under the Modern Slavery Act 2015 and the Sexual Offences Act 2003 were applied.
Modern Slavery Act 2015, Sexual Offences Act 2003, Sentencing Guidelines
The impact of custodial sentences on children is a relevant mitigating factor (R v Petherick [2013] 1 WLR 1102).
R v Petherick [2013] 1 WLR 1102
The totality principle must be respected when sentencing multiple offences.
Outcomes
Cojocaru sentenced to 3 years 9 months imprisonment (concurrent sentences).
Judge considered the agreed basis of plea, mitigating factors (mental health, impact on children), and the seriousness of the offences. The judge considered the harm to be at the top of category 4 and culpability on the cusp between A and B for the MSA offences and category 2 harm and culpability on the boundary between A and B for the controlling prostitution offence.
Dunn sentenced to 4 years 9 months imprisonment (concurrent sentences for trafficking, prostitution, consecutive for money laundering).
Judge considered the agreed basis of plea, mitigating factors (mental health), leading role in the offenses, and the seriousness of the offences. The judge considered the harm to be at the top of category 4 and culpability on the cusp between A and B for the MSA offences and category 2 harm and culpability on the boundary between A and B for the controlling prostitution offence. The money laundering sentence was consecutive and the judge took totality into consideration.
Appeals dismissed.
The Court of Appeal found no errors in the judge's application of the sentencing guidelines or consideration of mitigating factors. The sentences were not considered manifestly excessive.