Ahmed v DPP

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Ahmed v DPP
Respondent/Defendant:The People (At the suit of the Director of Public Prosecutions)
Court/s:Court of Appeal
Citation/s:[2023] IECA 107
Nature of Proceedings:Appeal
Judgment Date/s:17 Apr 2023
Judge:Edwards J., McCarthy P., Kennedy I.
Category:Immigration, Trafficking
Keywords:Entry (Illegal), Trafficking in Human Beings
Country of Origin:Spain
URL:https://www.courts.ie/acc/alfresco/961a61ad-6b8a-450f-85fd-c622d42016a2/2023_IECA_107.pdf/pdf#view=fitH

Facts: In February 2021, the appellant arrived at Dublin Airport on a flight from Lisbon. He was stopped by a customs officer when leaving the airport as the officer thought it was unusual that the appellant did not have much luggage with him, and only essential travel was permitted at that time of the COVID-19 pandemic lockdown. Upon searching the … Read More

Principles:The facilitation of illegal entry to Ireland is a serious criminal offence and although coercion may not be involved, it still falls under section 2 of the Illegal Immigrations (Trafficking) Act 2000.
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DPP v. Edosa & anor

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DPP v. Edosa & anor
Respondent/Defendant:Alicia Edosa and Edith Enoghasghase
Court/s:Court of Appeal
Citation/s:[2023] IECA 38
Nature of Proceedings:Appeal
Judgment Date/s:20 Feb 2023
Judge: Birmingham P. Edwards J. McCarthy P.
Category:Trafficking
Keywords:Trafficking in Human Beings
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/1621968b-8253-4592-b05a-3d44837298fd/2023_IECA_38%20(unapproved).pdf/pdf#view=fitH

Facts: This was an appeal from Mullingar Circuit Court. The respondents were convicted of trafficking four victims in Ireland, organising prostitution and money laundering. Ms. Edosa received an effective sentence of five years and eight months imprisonment, while Ms. Enoghaghase received one of five years and one month. The victims had been targeted in Nigeria, forced to undergo Voodoo rituals … Read More

Principles: Human trafficking involves harm that is multi-dimensional and is a serious crime, and as such it requires a high headline sentence. Headline sentences for human trafficking offences should not be less than ten years.
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LTC and I-BJK (a minor) (No. 2) v Minister for Justice and Equality and Others

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Respondent/Defendant:Minister for Justice and Equality, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 225
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Apr 2015
Judge:MacEochaidh J.
Keywords:Minor, Trafficking in Human Beings
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/8962d176-c56e-4ba1-b113-f0652a6c4e9d/2015_IEHC_225_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first and second applicants were mother and daughter respectively. The mother and her son, who was not a party to the proceedings, had unsuccessfully applied for asylum, subsidiary protection and leave to remain and, in March 2010, they had been issued with deportation orders. The second applicant was born in 2009 and, having had an asylum application made … Read More

Principles:

An application to amend proceedings to include a new party is likely to be refused where there has been delay in bringing it and where the moving party and/or its legal representatives were aware of information which might have led to the party being joined when proceedings were initially drafted and issued.

An order of mandamus to compel the making of a decision on an application will not be granted where there is evidence that the investigation is ongoing.

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Lin v Governor of Cloverhill Prison and Others

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Respondent/Defendant:Governor of Cloverhill Prison, Ireland, the Attorney General and the Director of Public Prosecutions
Court/s:High Court
Citation/s:[2014] IEHC 214
Nature of Proceedings:Article 40.4; Detention
Judgment Date/s:23 Apr 2014
Judge:Hogan J
Category:Trafficking
Keywords:Trafficking, Trafficking in Human Beings
Country of Origin:China
URL:https://www.courts.ie/acc/alfresco/05d7a70c-fcb3-41f2-a099-03293d2c4ab2/2014_IEHC_214_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant, a Chinese national, had been found in a premises in Dublin which had been turned into a cannabis growhouse. He was charged with various drugs offences under the Misuse of Drugs Act 1977, as amended. He pleaded guilty to one offence and was in custody, awaiting trial, on the others. He claimed that his detention was unlawful … Read More

Principles:

Article 8 of Directive 2011/36/EU on preventing and combating human trafficking and protecting its victims permits prosecuting authorities not to prosecute the victims of trafficking where the crimes for their involvement in criminal activities which they have been compelled to commit as a direct consequence of their exploitation by traffickers, as particularised in Article 2 of the Directive. Where the objective evidence suggests that a person relying on Article 8 has not been trafficked, the Article has no applicability to him or her.

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