Sentencing and the Modern Slavery Act 2015: R. v Iyamu (Josephine) [2018] EWCA Crim 2166
| Published date | 01 December 2018 |
| Date | 01 December 2018 |
| DOI | http://doi.org/10.1177/0022018318819896 |
| Subject Matter | Case Notes |
Case Note
Sentencing and the Modern
Slavery Act 2015
R. v Iyamu (Josephine) [2018] EWCA Crim 2166
On 28 June 2018, Iyamu was convicted of five offences of arranging or facilitating the travel of another
person with a view to exploitation, contrary to s. 2 of the Modern Slavery Act 2015 (MSA 2015). In
respect of counts one to five, the offences took place between 1 May 2016 and 25 August 2017 and
involved five identified victims. In addition, Iyamu was also convicted of one offence of perverting the
course of justice.
Iyamu possessed dual citizenship in both Nigeria and Britain, and was known to arrange travel to
Europe. The victims were in their 20s, from poor, and in some cases rural areas in the Benin City region
in the Edo State of Nigeria. The victims had previously been in contact with Iyamu about travelling to
Europe and the prospect of working there. With the exception of the first victim, all victims were made
aware that they were to work as prostitutes once they arrived in Europe; none had previously worked as
prostitutes in Nigeria.
Before they commenced their travels, Iyamu made the victims attend the address of a priest who
practised the art of witchcraft and juju. Each of the victims were forced to take an oath and engage in
various forms of ceremoni es and rituals. This reinforc ed the physical, psycholo gical and financial
control Iyamu exercised over the victims and, in awe of such practices, prevented the victims from
providing information to persons in authority on the ‘pain of misfortune and death’ (at [12]).
Thereafter, the victims began their perilous journey to Europe; ‘this involved a network of people
who met and directed them from one place to the next’ (at [17]). Once the victims arrived in Europe, they
worked as prostitutes in Germany and Italy to ‘pay their rent, purchase food and repay the “debt” owed
[to Iyamu]’ (at [22]). During this period, the victims were subjected to regular demands for money; this
was ‘enforced by the threat of having the juju curse unleashed upon them’ and their families if they failed
to comply (at [24]). The victims were later arrested either before or after Iyamu’s own arrest in the UK.
At trial, Iyamu gave evidence that she was not a trafficker, but did not dispute that the victims had
been trafficked. She denied being involved in any such activity. On the particular facts, the Court found
that there was a persistent campaign of exploitation, the motivation was financial and the victims were
particularly vulnerable and badly affected by their experience.
On 4 July 2018, Iyamu was sentenced to a total sentence of 14 years’ imprisonment. When determin-
ing the sentence, the trial judge referred to the relevant section of the Sentencing Council Guidelines for
England and Wales for offences involving trafficking for sexual exploitation (Sexual Offences Guide-
lines (2014) 99–102. Available at: https://www.sentencingcouncil.org.uk/wp-content/uploads/Sexual-
Offences-Definitive-Guideline-web5.pdf). In respect of counts one to five on the indictment, concurrent
sentences of 13 years’ imprisonment on each count were issued; in respect of count six, a consecutive
sentence of one year’s imprisonment was issued.
The Solicitor General subsequently sought leave to challenge the offender’s sentence on the ground
that it was unduly lenient.
HELD, ALLOWING THE APPEAL, the Court of Appeal had no doubt that the sentence was
unduly lenient. Lord Justice Davies, providing the leading judgment of the Court, explained that the
maximum sentence available had been increased from 14 years’ to life imprisonment under the MSA
2015, reflecting the gravity which Parliament recognised should be accorded to such cases (at [50]).
The Journal of Criminal Law
2018, Vol. 82(6) 438–441
ªThe Author(s) 2018
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DOI: 10.1177/0022018318819896
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