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Appendix H – Summary of convictions for Divisions 270 and 271 of the
Criminal Code and related offences prosecuted by the Commonwealth Department of
Public Prosecutions
No |
Defendant's Name |
Region |
Charges |
Matter Type |
Co-accused |
Outcome |
Penalty |
1 |
SIEDERS, Johan |
NSW |
1 x s270.3(1) Criminal Code (possessing a slave);
1 x s270.6(2) Criminal Code (conducting a business that
involves sexual servitude);
1 x s86(2)(a) Crimes Act (NSW) (aggravated offence of
kidnapping) |
Sexual servitude |
YOTCHOMCHIN,
Somsri |
Trial on s270.3(1) charge only (remaining charges not proceeded with) jury
discharged, retrial, jury discharged, re-trial, guilty, sentenced, appeal against
conviction and sentence (dismissed). |
4 years' imprisonment with 2 years nonparole |
2 |
YOTCHOMCHIN,
Somsri (AKA
KENT, Somsri) |
NSW |
1 x s270.6(1) Criminal Code (causing a person to enter
or remain in sexual servitude);
1 x s270.3(1) Criminal Code (possessing a slave);
1 x s270.6(2) Criminal Code (conducting a business that
involves sexual servitude);
1 x s86(2)(a) Crimes Act NSW (aggravated offence of
kidnapping) |
Sexual servitude |
SIEDERS, Johan |
Trial on s270.3(1) charge only (remaining charges not proceeded with), jury
discharged, retrial, jury discharged, re-trial, guilty, sentenced, appeal against
conviction and sentence (dismissed). |
5 years' imprisonment with 2 years 6 months
non-parole |
3 |
McIVOR, Trevor
Frank |
NSW |
12 x s270.3(1) Criminal Code – counts (possessing a
slave);
3 x s270.6(1) Criminal Code (causing a person to enter
or remain in sexual servitude);
3 x s271.8(1) Criminal Code (debt bondage);
3 x s86(1)(b) Crimes Act NSW (kidnapping) |
Slavery |
TANUCHIT,
Kanokporn |
Committed on s270.3(1) charges only (other charges withdrawn), trial, convicted on 10
charges, acquitted on 2 charges, sentenced, appeal against conviction (upheld), retrial
ordered, re-trial, convicted, sentenced, appeal against sentence (dismissed). |
12 years' imprisonment with 7 years 6
months non-parol |
4 |
TANUCHIT,
Kanokporn |
NSW |
12 x s270.3(1) Criminal Code – counts (possessing a
slave);
3 x s270.6(1) Criminal Code (causing a person to enter
or remain in sexual servitude);
3 x s271.8(1) Criminal Code (debt bondage);
3 x s86(1)(b) Crimes Act NSW (kidnapping) |
Slavery |
McIVOR, Trevor
Frank |
Committed on s270.3(1) charges only (other charges withdrawn), trial, convicted on 10
charges, acquitted on 2 charges, sentenced, appeal against conviction (upheld), retrial
ordered, re-trial, convicted, sentenced, appeal against sentence (dismissed). |
12 years' imprisonment with 7 years nonparole |
5 |
NETTHIP,
Namthip |
NSW |
1 x 270.6(2) Criminal Code (conducting a business
involving sexual servitude);
1 x s234 Migration Act 1958 (false documents relating to
non-citizens);
9 x 271.2(1B) Criminal Code (people trafficking - entry or
receipt with recklessness);
11 x 271.8(1) Criminal Code (debt bondage);
10 x s234(1) Migration Act 1958 (false documents
relating to non-citizens) |
Sexual servitude |
|
Guilty plea to sexual servitude and 1 x false documents charges (other false
documents charges taken into account (s16BA Crimes Act)), remaining charges
withdrawn, convicted and sentenced. |
2 years' 3 months imprisonment with 13
months non-parole |
6 |
TRIVEDI, Diveye |
NSW |
1 x 271.2(1B) Criminal Code (people trafficking - entry or
receipt of persons into Australia with recklessness about
exploitation) |
People trafficking |
|
Guilty plea, convicted and sentenced. |
250 hours community service and $1,000
fine. |
7 |
“DS” (supressed) |
Vic |
3 x s270.3(1)(a) Criminal Code (possess a slave);
2 x s270.3(1)(b) Criminal Code (slave trading) |
Slavery |
PICK, Paul;
TANG, Wei; |
Guilty plea, convicted, appeal against sentence (upheld), sentence reduced. |
6 years' imprisonment with 2 years and 6
months non-parole |
8 |
TANG, Wei |
Vic |
10 x s270.3(1)(a) Criminal Code (possessing and using
a slave) |
Slavery |
PICK, Paul; DS; |
Trial, hung jury, re-trial, convicted and sentenced, appeal against conviction (upheld)
and sentence (not necessary to consider), CDPP appeal to High Court (upheld),
defendant’s appeal against sentence remitted to Court of Criminal Appeal (upheld),
sentence reduced. |
9 years' imprisonment with 5 years nonparole |
9 |
HO, Kam Tin |
Vic |
5 x s270.3(1)(a) Criminal Code (possessing a slave);
1 x s270.3(1)(a) Criminal Code (exercising power of
ownership over a slave)
4 x 31(1) Financial Transaction Reports Act (conduct
transactions so as to avoid reporting requirements) |
Slavery |
HOO, Chee Fui,
HO, Kam Ho,
LEECH, Sarisa,
RAHARDJO,
Slamet Edy |
Trial, convicted, sentenced, appeal against conviction (dismissed) and appeal against
sentence (upheld), sentence reduced. |
8 years and 3 months' imprisonment with 5
years non-parole |
10 |
HO, Ho Kam |
Vic |
10 x s270.3(1) Criminal Code (possessing and using a
slave);
1 x s400.6(1) Criminal Code (dealing in proceeds of
crime);
1 x s31(2) Financial Transactions Act (conduct
transactions so as to avoid reporting requirements)
1 x s10 Prostitution Control Act (Vic) |
Slavery |
HOO, Chee Fui,
HO, Kam Tin,
LEECH, Sarisa,
RAHARDJO,
Slamet Edy |
Trial, convicted, sentenced, appeal against conviction (dismissed) and appeal against
sentence (upheld), sentence reduced, leave sought to appeal to High Court (refused). |
5 years 9 months' imprisonment with 3 years
non-parole |
11 |
LEECH, Sarisa |
Vic |
2 x s270.3(1) Criminal Code (possessing a slave);
1 x s234(1) Migration Act 1958 (aiding and abetting
making a false statement to an officer) |
Slavery |
HOO, Chee Fui,
HO, Kam Ho HO,
Kam Tin,
RAHARDJO,
Slamet Edy |
Migration Act charge withdrawn, trial on people trafficking charges, convicted,
sentenced, appeal against conviction (dismissed), appeal against sentence (upheld),
sentence reduced. |
5 years and 6 months' imprisonment with 3
years non-parole |
12 |
KOVACS, Zoltan
"John" |
Qld |
2 x s270.3(1) Criminal Code (possessing a slave);
1 x s240(1) Migration Act 1958 |
Slavery |
KOVACS, Melita |
Trial, convicted, sentenced, appeal against conviction (upheld), re-trial, guilty plea,
convicted, sentenced. |
8 years' imprisonment with 15 months nonparole |
13 |
KOVACS, Melita |
Qld |
2 x s270.3(1) Criminal Code (possessing a slave);
1 x s240(1) Migration Act 1958 |
Slavery |
KOVACS, Zoltan
"John" |
Trial, convicted, sentenced, appeal against conviction (upheld), re-trial, convicted,
sentenced, appeal against conviction and sentence (abandoned) |
4 years' imprisonment with 291 days nonparole |
14 |
DOBIE, Keith
William |
Qld |
1 x s271.2(2B) Criminal Code (people trafficking);
2 x s271.2(2B) Criminal Code (people trafficking);
1 x s400.6(1) Criminal Code (dealing in proceeds of
crime);
4 x s234(1)(a) Migration Act 1958 (false documents
relating to non-citizens) |
People trafficking |
|
1 x s271.2(2B) charge withdrawn, committed on remaining charges, guilty plea on nontrafficking
charges prior to trial and guilty plea on trafficking charge at trial, sentenced,
appeal against conviction and sentence (dismissed), further appeal (dismissed). |
5 years' imprisonment with 22 months nonparole |
15 |
NANTAHKHUM,
Watcharaporn |
ACT |
1 x s270.3(1) Criminal Code (possessing a slave);
1 x s271.8(1) Criminal Code (debt bondage);
1 x s18(1) Prostitution Act (ACT) (operating a brothel
other than in a prescribed location);
1 x s43(1) Crimes Act 1914 (attempting to pervert
justice);
1 x s245AC(2) Migration Act 1958 (allowing non-citizen
to work in breach of visa condition - aggravated);
1 x s245AC(1) Migration Act 1958 (allowing a non-citizen
to work in breach of a visa-condition);
1 x s245AB(2) Migration Act 1958 (allowing an unlawful
non-citizen to work - aggravated);
2 x s245AB(1) Migration Act 1958 (allowing an unlawful
non-citizen to work) |
Slavery |
|
1 x s245AB(1) Migration Act charge withdrawn, trial on remainder of charges,
convicted, sentenced, appeal against conviction (abandoned) and appeal against
sentence (ongoing). |
8 years’ imprisonment with 4 years and 9
months non-parole |
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