Navigating Human Trafficking Charges in Australia - 5 Essential Insights

Introduction:

Human trafficking is a complex criminal offence with serious implications. In this article, we will discuss five pivotal points surrounding the charge of human trafficking in Queensland.

Diverse Forms of Exploitation:

The Criminal Code Act 1995 identifies a range of exploitative practices, such as slavery, servitude, forced labor, forced marriage, and debt bondage.

Defining Human Trafficking:

Human trafficking involves the recruitment, transportation, transfer, harboring, or receipt of individuals through methods like coercion, threats, deception, or other means, all aimed at exploitation. Notably, physical restraint is note a prerequisite for establishing criminal liability. 

Entry and Exit Offences:

The nuances of human trafficking charges further extend to entry and exit offences. Entry offences include facilitating or organising the entry of an individual into Australia using coercion, threats, or deception to obtain compliance. Similarly, exit offences involve organising or facilitating an individual's exit from Australia under similar circumstances.

Proving Criminal Liability: 

The prosecution need not demonstrate physical restraint to establish guilt. Instead, the focus lies on demonstrating the use of coercion, threats, or deception to obtain compliance.

 Legal Consequences and Accountability:

If convicted of Human Trafficking, the penalties can be serious including actual terms of imprisonment and a conviction being recorded. 

Overall Human Trafficking is a Commonwealth offence, as opposed to a Queensland offence. The advice and defence of a Commonwealth offence can be vastly difference from a State offence. Therefore, it is critical to engage a lawyer well experienced in defending Commonwealth crime. Our lawyers have successfully defended many Commonwealth criminal offences. Contact us to speak to our experienced Commonwealth criminal lawyers today.