Debt Bondage and Slavery offences – what will the prosecutor need to prove?
/The Criminal Code Act 1955 defines slavery as the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person. Under the Act, slavery offences mean:
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.
The prosecutor will need to prove the accused has committed at least one of the above. The maximum penalty for slavery is imprisonment for 25 years.
Offence of Debt Bondage
A person commits an offence of debt bondage if:
A person engages in conduct that causes another person to enter into debt bondage; and
The person intends to cause the other person to enter into debt bondage.
The prosecutor will need to prove two things; causation and intent. It must be proven that the conduct is the direct cause of another person entering into debt bondage, and that person intended for this to occur. The maximum penalty is 4 years in prison.
For a prosecutor to prove an offence of servitude or forced labour, they must prove that a reasonable person in the position of the victim would not consider themselves to be free to cease providing the labour or services; or to leave the place where they are providing the labour or services. Or, for servitude, are significantly deprived of personal freedom in aspects of life other than the provision of the labour or services. It also must be proven that the person has engaged in conduct that causes another person to enter into or remain in servitude or forced labour. An aggravated offence of servitude may result in imprisonment for 20 years; or 15 years in any other case. An aggravated offence of forced labour may result in imprisonment for 12 years; or 9 years in any other case.
For a prosecutor to prove an offence of forced marriage, they must prove the victim has entered into the marriage without freely and fully consenting because of the use of coercion, threat or deception; or they were incapable of understanding the nature and effect of the marriage ceremony. They must also prove that the first person has engaged in conduct that causes another person to enter into a forced marriage as the victim of the marriage. An aggravated offence of forced marriage may result in imprisonment for 9 years; or 7 years in any other case.
The Criminal Code Act 1955 states a slavery-like offence will become an aggravated offence if the following applies:
A slavery-like offence committed by a person (the offender) against another person (the victim) is an aggravated offence if any of the following applies:
a. The victim is under 18;
b. The offender, in committing the offence, subjects the victim to cruel, inhuman or degrading treatment;
c. The offender, in committing the offence:
i) Engages in conduct that gives rise to a danger of death or serious harm to the victim or another person; and
ii) Is reckless as to that danger.
Our lawyers are very experienced in Commonwealth offences and the defence of slavery-type offences. Our highly experienced defence lawyers are available to discuss your case. Contact us today for a no-obligation discussion.
