A man was found guilty of growing cannabis. Later, it was discovered he might be a victim of human trafficking. However, the court decided this didn't change the fact that he'd already pleaded guilty and his reasons for doing so were sufficient for the conviction to stand.
Key Facts
- •Ritvan Fucija pleaded guilty to producing cannabis.
- •He was sentenced to nine months' imprisonment.
- •He applied for leave to appeal, citing new evidence of modern slavery.
- •The Home Office made a positive conclusive grounds decision that he was a victim of modern slavery.
- •Fucija claimed he pleaded guilty due to fatigue from bail conditions, not guilt.
- •Police found a cannabis farm at his premises with 75 plants.
- •Text messages on his phone did not indicate coercion.
- •Fucija initially claimed he was forced by Albanian gangsters.
- •He was previously referred to the National Referral Mechanism for modern slavery.
- •The prosecution reviewed the case after the conclusive grounds decision but maintained their position.
Legal Principles
Recognition of a person as a victim of modern slavery does not automatically extinguish culpability or provide an automatic defense to a criminal charge.
Case law implied
Whether a person has a section 45 defence under the Modern Slavery Act 2015 and whether prosecution is in the public interest are fact-sensitive questions.
Case law implied
Outcomes
Application for extension of time to appeal refused.
The new evidence would not undermine the guilty plea; the applicant was aware of his potential modern slavery defence and chose to plead guilty.
Leave to appeal refused.
No arguable grounds to suggest abuse of process or that the prosecution should not have proceeded.