Regina v Johan Sieders & Somsri Yotchomchin [2007] NSWDC 101

Regina v Johan Sieders & Somsri Yotchomchin [2007] NSWDC 101

The applications were rejected because there was evidence that the nominated Thai women provided sexual services within Australia and that the state of affairs or circumstance of sexual servitude had its genesis in Thailand through arrangements involving Pat and continued as the women were brought to Australia to work in the accused's brothels. That meant the conduct constituting the alleged offences was to some extent engaged in outside Australia and the sexual services were provided within Australia, satisfying s.270.5(b).

Jurisdiction
Australia
Judgment Date
04 April 2007
Procedural Posture
Criminal Prosecution for Conducting a Business Involving the Sexual Servitude of Other Persons Contrary to S.270.6 of the Commonwealth Criminal Code / Applications for Directed Verdicts/no Case to Answer After the Close of the Crown Case
Outcome
Applications rejected
Legal Topics
['sexual Servitude' 'jurisdiction' 'extra Territorial Conduct' 'no Case to Answer' 'construction of the Commonwealth Criminal Code']
['criminal Law' 'commonwealth Offences'] ['sexual Servitude' 'jurisdiction' 'extra Territorial Conduct' 'no Case to Answer' 'construction of the Commonwealth Criminal Code']

Case Brief

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Procedural Posture

Criminal Prosecution for Conducting a Business Involving the Sexual Servitude of Other Persons Contrary to S.270.6 of the Commonwealth Criminal Code / Applications for Directed Verdicts/no Case to Answer After the Close of the Crown Case

Legal Issues

  1. 1 ['Whether s.270.5 of the Commonwealth Criminal Code provided jurisdiction for the prosecutions where the alleged businesses and sexual services were in Australia but aspects of the arrangements began in Thailand.' 'Whether the phrase "cease providing" in the definition of sexual servitude required the provision of sexual services to be contemporaneous with threatening conduct by the accused.' 'Whether threats relevant to sexual servitude had to be made by the accused themselves.' 'Whether the accused could be lawfully convicted on the evidence adduced by the Crown.']

Ratio Decidendi

The applications were rejected because there was evidence that the nominated Thai women provided sexual services within Australia and that the state of affairs or circumstance of sexual servitude had its genesis in Thailand through arrangements involving Pat and continued as the women were brought to Australia to work in the accused's brothels. That meant the conduct constituting the alleged offences was to some extent engaged in outside Australia and the sexual services were provided within Australia, satisfying s.270.5(b).

Court Disposition

Applications rejected

Orders

  • ['The applications made on behalf of the accused for directed verdicts were rejected.']