What is Human Trafficking ?

Australia’s laws criminalising human trafficking and slavery are contained within 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, using coercion, threat or deception, to exploit that person when they reach their destination

What must the prosecution prove?

Since Human Trafficking  offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Human Trafficking .

To establish Human Trafficking , the prosecution must prove each of the following matters beyond reasonable doubt;

(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;

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 or not the conduct occurred in Australia, and whether or not the victim or the offender are Australian citizens or residents.

Division 270 also criminalises slavery-like practices, including servitude, forced labour, and deceptive 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

If you are charged with the offence of Human Trafficking what are your options?

National Criminal Lawyers have access to some of the best criminal lawyer’s and best Criminal Barristers Sydney has to offer.

NCL offer the following options for those who have been charged with Human Trafficking ;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Human Trafficking offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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