R v Kanbut [2019] NSWDC 931

R v Kanbut [2019] NSWDC 931

The offender's conduct in possessing and using VP and RB as slaves and dealing with the proceeds of that offending was planned, premeditated, for financial benefit and of mid-range objective seriousness. Despite strong subjective material, positive prospects of rehabilitation, no prior convictions, delay since offending and hardship considerations, the seriousness of the slavery offending and the need for general and specific deterrence meant no sentence other than full-time imprisonment was appropriate. Partial accumulation was required to reflect separate offences and two victims, moderated by totality.

Jurisdiction
Australia
Judgment Date
15 November 2019
Procedural Posture
Criminal Sentencing / Sentence After Jury Verdicts of Guilty Following Pleas of Not Guilty
Outcome
Offender convicted and sentenced to an overall effective sentence of imprisonment for 8 years, 2 months and 30 days, commencing 15 May 2019 and expiring 13 August 2027, with eligibility for parole on 13 August 2024.
Legal Topics
['slavery' 'possess a Slave' 'use a Slave' 'proceeds of Crime' 'commonwealth Sentencing Principles' 'general Deterrence' 'specific Deterrence' 'totality and Accumulation' 'special Circumstances']
['criminal Law' 'sentencing'] ['slavery' 'possess a Slave' 'use a Slave' 'proceeds of Crime' 'commonwealth Sentencing Principles' 'general Deterrence' 'specific Deterrence' 'totality and Accumulation' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentencing / Sentence After Jury Verdicts of Guilty Following Pleas of Not Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's convictions for possessing and using two slaves and dealing with proceeds of crime." 'Whether full-time imprisonment was the only appropriate sentence under s 17A of the Crimes Act 1914 (Cth).' "How objective seriousness, general and specific deterrence, rehabilitation, hardship to the offender's son, special circumstances, totality and accumulation should affect sentence."]

Ratio Decidendi

The offender's conduct in possessing and using VP and RB as slaves and dealing with the proceeds of that offending was planned, premeditated, for financial benefit and of mid-range objective seriousness. Despite strong subjective material, positive prospects of rehabilitation, no prior convictions, delay since offending and hardship considerations, the seriousness of the slavery offending and the need for general and specific deterrence meant no sentence other than full-time imprisonment was appropriate. Partial accumulation was required to reflect separate offences and two victims, moderated by totality.

Court Disposition

Offender convicted and sentenced to an overall effective sentence of imprisonment for 8 years, 2 months and 30 days, commencing 15 May 2019 and expiring 13 August 2027, with eligibility for parole on 13 August 2024.

Orders

  • ['For Possess a slave (VP), head sentence of 4 years and 6 months commencing 15 May 2019 and expiring 14 November 2023, with a non-parole period of 2 years, 8 months and 14 days expiring 28 January 2022.' 'For Use a slave (VP), head sentence of 7 years and 6 months commencing 14 August 2019 and expiring 13 February...