''R v Tang''
[ .] is decision of the
High Court of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution.
The High Court was established following passage of the '' Judiciary Act 1903''. ...
.
It is notable as the first
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
conviction
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is cons ...
for a slavery offence in Australia. The case concerned an appeal the State of Victoria against Wei Tang, the operator of a
Melbourne
Melbourne ( ; Boonwurrung/ Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metro ...
brothel
A brothel, bordello, ranch, or whorehouse is a place where people engage in sexual activity with prostitutes. However, for legal or cultural reasons, establishments often describe themselves as massage parlors, bars, strip clubs, body rub p ...
. The case has been described by commentators as 'the most crucial test of the effectiveness of our criminal laws against … slavery ever to come before an Australian court'.
Facts
Tang was convicted in 2006 of 5 counts of intentionally possessing a slave and 5 counts of intentionally exercising a power of ownership over a slave.
[Outlawed by section 270.3(1)(a) of the Commonwealth Criminal Code] She was sentenced to 10 years’ imprisonment, with a non-parole period of 6 years. The charges related to five women, all of whom were Thai nationals.
The
Victorian Court of Appeal
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state.
The Supreme Court comprise ...
held that the judge's directions to the jury were inadequate,
[.] quashed the convictions and ordered that Tang be retried.
[.]
The prosecution was given special leave to appeal to the High Court. Tang was given special leave to cross appeal on the meaning and constitutional validity of section 270.3(1)(a) of the Criminal Code.
The majority of the High Court,
Gleeson CJ,
Gummow,
Hayne Hayne is a surname of English origin.
Etymology
According to the ''Oxford Dictionary of Family Names in Britain and Ireland'', modern names ''Haine'', ''Hayne'', '' Haines'', ''Hains'', ''Hanes'', and ''Haynes'' all in four different medieval name ...
,
Heydon,
Crennan and
Kiefel JJ, upheld the prosecutions appeal, holding that the prosecution did not need to prove that Ms Tang knew or believed that the women were slaves. Tang's appeal on the meaning and validity of the legislation was dismissed.
Kirby J dissented.
The matter was remitted to the Victorian Court of Appeal to consider Tang's appeal against her sentence.
The Victorian Court of Appeal upheld her appeal against sentence and Tang was re-sentenced to 9 years’ imprisonment, with a non-parole period of 5 years.
[.]
Notes
References
{{Reflist, 30em
High Court of Australia cases
Slavery in Australia
2008 in Australian law
2008 in case law
Australian criminal law