It is a criminal offence to engage in human trafficking and slavery pursuant to Divisions 270 and 271 of the Commonwealth Criminal Code Act 1995 (Criminal Code).

Human trafficking is the recruitment and physical transfer of a person within or across national borders, by means of coercion, threat or deception, in order to exploit that person or persons for some sort of gain after they reach their destination.

 

THE LAW

Division 270 of the Criminal Code criminalises slavery, the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised. The slavery offences have universal jurisdiction, which means that they apply whether the conduct occurred in Australia or elsewhere in the world, and whether the victim or the offender are Australian citizens or residents.

Division 270 also criminalises slavery-like practices, including servitude, forced labour, and deceptive and/or conspiring recruiting for labour or services.

These offences can apply to the exploitation of a person’s labour or services in any industry, or to exploitation within intimate relationships.

Forced marriage is also considered a slavery-like practice under Division 270. A forced marriage is where one or both parties to the marriage do not fully and freely consent because of coercion, threat or deception, or because they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity.

 

Maximum Penalty

For Human Trafficking the total maximum period of imprisonment is 25 years.

Please note this penalties is reserved for the worst kind of offending and are highly unlikely to be the penalty you actually receive.

 

THE FACTS THAT MUST BE PROVEN

Since the offence of human trafficking is a criminal matter, the burden of proof lies on the Prosecution. The prosecution must prove each of the elements of the charge beyond reasonable doubt. That is a high standard of the burden of proof that the prosecution must achieve before someone can be convicted of Human Trafficking.

To establish the charge of Human Trafficking, the prosecution must prove:

     (1)  A person who, whether within or outside Australia, intentionally:

                    (aa)  reduces a person to slavery; or

(a)  possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership; or

                    (b)  engages in slave trading; or

(c)  enters into any commercial transaction involving a slave; or

                              (d)  exercises control or direction over, or provides finance for:

                              (i)  any act of slave trading; or

                             (ii)  any commercial transaction involving a slave;

    (2)  A person who:

                     (a)  whether within or outside Australia:

                              (i)  enters into any commercial transaction involving a slave; or

(ii)  exercises control or direction over, or provides finance for, any commercial transaction involving a slave; or

(iii)  exercises control or direction over, or provides finance for, any act of slave trading; and

(b)  is reckless as to whether the transaction or act involves a slave, slavery, slave trading or the reduction of a person to slavery;

 

Defences

Some of the possible defences available for those charged with Human Trafficking can be as follows:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another your case may come under the argument of duress.
• If your actions were necessary to prevent a greater harm from occurring to you or someone else, you may come under the argument of necessity.

 

CHOICES AT LAW OPTIONS

For Human Trafficking, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.