Uddin, R v (Rev 1)

In section 5(6) of the Domestic Violence, Crimes and Victims Act 2004, the words “or otherwise” create a third category of vulnerable adult. They cover a cause, other than disability, illness or old age, which significantly impairs an adult’s ability to protect themselves from violence, abuse or neglect.

The phrase is not confined by the ejusdem generis principle to conditions similar to those expressly listed. The cause may be intrinsic or external, physical, psychological or circumstantial. The inquiry is fact- and context-sensitive and does not require utter dependency. The statutory safeguards remain stringent: vulnerability alone is insufficient unless every requirement for the section 5 offence is proved.

The appellant was convicted at St Albans Crown Court of causing or allowing the death of his 19-year-old sister, Shahena Uddin, contrary to section 5 of the Domestic Violence, Crimes and Victims Act 2004, and of conspiracy to pervert the course of justice. He received a total sentence of six and a half years’ imprisonment.

The prosecution alleged a prolonged regime of physical, emotional and degrading abuse within the family household. It contended that this treatment had left the deceased unable effectively to protect herself from further abuse. The appellant submitted that she was not a vulnerable adult because she had no physical or mental illness, disability or old age, and that the judge should have upheld a submission of no case to answer.

The appeal concerned the construction of “or otherwise” in section 5(6), and whether the evidence could establish vulnerability within that definition.

1. Appeal dismissed. The trial judge was entitled to leave the section 5 charge to the jury. There was ample evidence from which it could find that the deceased was a vulnerable adult and that the other statutory requirements were satisfied.

2. Section 5(6) of the Domestic Violence, Crimes and Victims Act 2004 contains two express categories of causes of impairment: physical or mental disability or illness, and old age. The repeated word “through” requires a causal link between each cause and the adult’s significantly impaired ability to protect themselves.

3. The words “or otherwise” introduce a distinct third category. They are not restricted to causes similar to illness, disability or old age. The common requirement across all categories is the effect on the adult’s ability to protect themselves from violence, abuse or neglect. The cause may be external as well as intrinsic.

4. The court rejected an ejusdem generis construction. The statutory language does not qualify the third category by words such as “similar”, “like” or “equivalent”. Such a restriction would curtail the protective purpose of the provision.

5. The jury’s inquiry under the third category is fact- and context-sensitive. A cause may be physical, psychological or circumstantial. Although R v Khan [2009] 1 Cr App R 28 contemplated a physically fit adult who was utterly dependent on others, utter dependency is not a necessary threshold. Long-term domestic or sexual abuse, or modern slavery, may significantly impair a victim’s capacity for self-protection.

6. On the evidence, the deceased had been subjected to sustained violence, humiliation, isolation, restrictions on communication, and powerful family pressure. Those circumstances could have left her fearful, cowed and significantly unable to obtain protection. The appellant’s reliance on parliamentary material was unnecessary because the statutory wording was unambiguous. The court therefore rejected the appeal.

• Court of Appeal (Criminal Division): In [2017] EWCA Crim 1072, dismissed the appellant’s appeal against conviction.

• Crown Court at St Albans: Convicted the appellant on 17 December 2015 of causing or allowing the death of a vulnerable adult and conspiracy to pervert the course of justice, and imposed a total sentence of six and a half years’ imprisonment.