R v N; R v LE (2012) EWCA Crim 189
Country: United Kingdom
Court: England and Wales Court of Appeal (Criminal Division) Decisions
Sentence date: 20 February 2012
Purpose of exploitation: Child trafficking for labour exploitation
Two Vietnamese defendants pleaded guilty to offences involving the production of cannabis. They had both worked as gardeners in cannabis factories. One of them, N, was sentenced to an 18-month detention and training order. L was sentenced to 20 months detention in a Young Offender Institution. The UK Border Agency accepted that L had been smuggled or trafficked into the United Kingdom.
The Court concluded that the Crown Prosecution Service was entitled to prosecute foreign national youths with drug offences, despite the UK Border Agency accepting that they may have been smuggled or trafficked into the UK.
This was the first occasion the Court of Appeal considered the problem of child trafficking for labour exploitation. It sets out clear principles and authorities for the application of the protective mechanism of the Trafficking Convention for future prosecutions where there is evidence of human trafficking.
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