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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