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District Court 15 November 2019

R v Kanbut

[2019] NSWDC 931

Fraud & dishonesty
SENTENCING SLAVERY PROCEEDS OF CRIME USE A SLAVE POSSESS A SLAVE

Citation: R v Kanbut [2019] NSWDC 931
Court: District Court of New South Wales
Date: 15 November 2019
Judge: N L Williams DCJ

Background

The offender was convicted after a jury trial of six offences under the Criminal Code (Cth): two counts each of possessing a slave and using a slave, and two counts of dealing with proceeds of crime valued at $10,000 or more. The offences were committed between late 2004 and mid-2005 and involved two Thai women, referred to as VP and RB, who were brought to Australia to work as sex workers.

Both women were recruited in Thailand by a man named Chang, who organised their travel, took naked photographs of them as a means of coercion, and directed them to a contact in Sydney. On arrival, each woman was told by the offender that she owed a debt of $45,000, which she was required to work off through prostitution. The offender controlled where they worked, took their earnings after every shift, held their passports, and made explicit threats about the consequences of attempting to leave.

The offender had no prior criminal history. She had been in custody from the date the jury returned its verdicts, 15 May 2019, through to the date of sentencing, 15 November 2019, a period of six months.

  • The appropriate sentence for offences of possessing and using a slave under s 270.3(1)(a) of the Criminal Code (Cth), which carry a maximum penalty of 25 years' imprisonment each
  • The appropriate sentence for dealing with proceeds of crime under s 400.6(1) of the Criminal Code (Cth), which carries a maximum of 10 years' imprisonment and/or 600 penalty units
  • The application of the totality principle (ensuring the combined sentence is proportionate to the overall offending) and the identification of the "use a slave" counts as the principal offences
  • Whether special circumstances existed to justify reducing the non-parole period below the statutory norm
  • The weight to be given to the offender's lack of prior convictions, her psychiatric condition, and her prospects of rehabilitation

Decision

The sentencing judge identified the "use a slave" counts as the most serious offences and treated them as the principal charges for the purposes of constructing the sentence structure. The "possess a slave" offences and proceeds of crime offences were imposed concurrently or partially concurrently, with the sentences cascading across the overall term to reflect the overlap in conduct while maintaining appropriate cumulation for the separate victims.

The judge accepted that the offending was objectively serious. Both victims were vulnerable, isolated, did not speak English, had no knowledge of Sydney, and were subject to debt bondage, threats, confiscation of their passports, and near-constant coercive control. The offender monitored the women's earnings by phone, organised their transportation to brothels, and threatened them with harm if they tried to leave. In VP's case, the offender added money sent to VP's family in Thailand to the debt, compounding the exploitation.

The judge found special circumstances justifying a non-parole period set at approximately 60% of the head sentence across all counts, rather than the standard two-thirds. The offender's psychiatric condition, her lack of prior convictions, her limited English proficiency, and the extended supervision she would need on release all supported this finding. The judge also recommended that Corrective Services facilitate mental health treatment and English language programs during the offender's time in custody.

The overall effective sentence of 8 years and approximately 3 months reflected the need to give adequate weight to the gravity of slavery offences, the vulnerability of the victims, and the deliberate, systematic nature of the conduct, while accounting for the offender's personal circumstances and rehabilitation prospects.

Orders Made

  • Possess a slave (VP): Head sentence of 4 years 6 months; non-parole period of 2 years 8 months and 14 days; commencing 15 May 2019
  • Use a slave (VP): Head sentence of 7 years 6 months; non-parole period of 4 years 6 months; commencing 14 August 2019
  • Deal with proceeds of crime (VP): Head sentence of 1 year 6 months; non-parole period of 10 months and 25 days; commencing 13 September 2019
  • Possess a slave (RB): Head sentence of 4 years 6 months; non-parole period of 2 years 8 months and 14 days; commencing 14 November 2019
  • Use a slave (RB): Head sentence of 7 years 6 months; non-parole period of 4 years 6 months; commencing 14 February 2020
  • Deal with proceeds of crime (RB): Head sentence of 1 year 6 months; non-parole period of 10 months and 25 days; commencing 13 March 2020
  • Overall effective sentence: 8 years 2 months and 30 days, commencing 15 May 2019 and expiring 13 August 2027
  • Parole eligibility date: 13 August 2024
  • Special circumstances found; non-parole periods set at approximately 60% across all counts
  • Recommendation that Corrective Services facilitate mental health treatment and English language programs during custody

Key Takeaways

  • Slavery offences under s 270.3(1)(a) of the Criminal Code (Cth) carry a maximum of 25 years' imprisonment, and the District Court treated "use a slave" as the more serious form of the offence compared with "possess a slave," structuring the sentence accordingly.
  • Debt bondage arrangements involving confiscation of passports, financial control, coercive threats, and isolation of foreign nationals with no community support were treated as highly aggravating features warranting significant terms of full-time imprisonment.
  • A finding of special circumstances does not require exceptional facts unique to the offender; here, the court accepted that a combination of psychiatric vulnerability, limited English, no prior convictions, and the extended supervision needed on release together justified reducing the non-parole period below the default statutory ratio.
  • Where an offender commits slavery offences against multiple victims in successive but overlapping periods, the totality principle requires careful cascading of sentences to avoid a crushing aggregate, while still reflecting the distinct harm done to each victim.
  • The proceeds of crime charges under s 400.6(1) of the Criminal Code (Cth) were treated as ancillary to the principal slavery counts and attracted the shortest individual terms, absorbed in large part within the broader sentence structure.

Legislation and Cases Referenced

Legislation
- Criminal Code (Cth), ss 270.3(1)(a), 400.6(1)
- Crimes Act 1914 (Cth)
- Crimes Legislation Amendment (Law-Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (Cth)

Cases
- R v M.A.K; R v M.S.K [2006] NSWCCA 381
- R v Wei Tang (2009) 23 VR 332
- Regina v Nahlous [2013] NSWCCA
- Sieders and Somsri v R [2008] NSWCCA 187
- Wong v The Queen (2001) 207 CLR 584