Director of Public Prosecutions v Ho and anor (Ruling No.20)

[2009] VSC 450

IN THE SUPREME COURT OF VICTORIA Not Restricted

CRIMINAL DIVISION

No. 1485 of 2006

DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH)

v

KAM TIN HO & ANOR

---

JUDGE:	CUMMINS J
WHERE HELD:	Melbourne
DATE OF HEARING:	24 June 2009
DATE OF RULING:	24 June 2009
CASE MAY BE CITED AS:	DPP v Ho & anor (Ruling No.20)
MEDIUM NEUTRAL CITATION:	[2009] VSC 450	Revised 19 October 2009

---

Criminal law and procedure – slavery – Criminal Code (Commonwealth) s 270.3(1)(a) and (c) – jury trial – elements of offences.

---

APPEARANCES:	Counsel	Solicitors
For the Director	Mr D Gurvich with Mr R Davis	Director of Public Prosecutions
For the Accused Kam Tin Ho	Mr J Dickinson SC	Theo Magazis & Associates
For the Accused Ho Kam Ho	Mr J Montgomery SC	Slades & Parsons
For the Accused Hoo	Mr J Bisas	Michael J Gleeson & Associates Pty Ltd
For the Accused Rahardjo	Ms S Beech	Robert Stary & Associates

----------

Ruling No 20

HIS HONOUR:

1. I consider that the present analysis stated on the face of Law Sheet 2 is consonant with the elements as stated in Tang, and I do not propose to alter it.

1. I do, however, propose to alter Law Sheet 3, Point 4, to change "is" to "can be," because not all "use" is a power attaching to the right of ownership.

---