| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0033 |
| SEYYED ABDOLZADEH FARSHCHI | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | PRIEST, NIALL and TAYLOR JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 7 October 2024 |
| DATE OF JUDGMENT: | 14 October 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 235 |
| JUDGMENT APPEALED FROM: | CDPP v Farshchi [2024] VCC 24 (Chief Judge Kidd) |
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CRIMINAL LAW – Appeal – Conviction – Forced labour offences – Proof beyond reasonable doubt – Whether error to direct that a reasonable doubt is not an unrealistic possibility – Whether direction diminishes the criminal standard of proof – Whether direction inconsistent with Criminal Code (Cth) – Whether direction inconsistent with s 80 of the Constitution – Leave to appeal refused.
Jury Directions Act 2015 (Vic), ss 63 and 64; Constitution (Cth), ss 80 and 109; Criminal Code (Cth), s 13.2.
CRIMINAL LAW – Appeal – Sentence – Forced labour offences – Total effective sentence 3 years and 6 months’ imprisonment with 18 months non-parole – Whether too little weight given to family hardship – Whether sentence manifestly excessive – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Mr D Gurvich KC with Mr M Stanton SC and Mr P Smallwood | ||
| Respondent: | Ms R Sharp KC DPP (Cth) with Mr T Wood and Ms J Wang | ||
Solicitors | |||
| Applicant: | Galbally & O’Bryan Lawyers | ||
| Respondent: | Commonwealth Director of Public Prosecutions | ||
PRIEST JA:
Introduction
An indictment filed against the applicant in the County Court by the Commonwealth Director of Public Prosecutions charged the applicant with causing a person to remain in forced labour (charge 1), and conducting a business involving forced labour (charge 2). The charges were laid under ss 270.6A(1) and (2) of the Criminal Code (Cth) (‘Code’) respectively, which (so far as relevant) provide:
270.6A Forced labour offences
Causing a person to enter into or remain in forced labour
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct causes another person to enter into or remain in forced labour.
Penalty:
…(b) in any other case—imprisonment for 9 years.
Conducting a business involving forced labour
(2) A person commits an offence if:
(a) the person conducts any business; and
(b) the business involves the forced labour of another person (or persons).
Penalty:
…(b) in any other case—imprisonment for 9 years.
On 30 October 2023, a jury empanelled to try the applicant found him guilty of both charges.
Following a plea, on 30 January 2024 the trial judge sentenced the applicant to three years and six months’ imprisonment, with a non-parole period of 18 months, in accordance with the following table:
Charge Offence Sentence Cumulation State sentences 1 Causing a person to remain in forced labour 3 years and 6 months Base 2 Conducting a business involving forced labour 3 years and 6 months — Total effective sentence: 3 years and 6 months’ imprisonment Other relevant orders: Reparation order in the amount $42,989.92
The applicant now seeks leave to appeal against the conviction and…
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- AGLC
- Farshchi v The King [2024] VSCA 235
- Case
- [2024] VSCA 235
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the direction given by the trial judge did not diminish the criminal standard of proof and did not contravene the relevant statutory provisions or the Constitution. The Court held that the direction was consistent with the legislative intent and did not shift the onus of proof onto the defendant. The Court further found that the sentence imposed by the County Court, which was 3 years and 6 months’ imprisonment with 18 months non-parole, was not manifestly excessive and that sufficient weight had been given to the family hardship. Accordingly, the appeal against conviction and sentence was dismissed.
The Court of Appeal refused leave to appeal to the High Court, which means that the decision of the Court of Appeal stands as the final determination of the case. This decision provides guidance on the proper directions to be given to juries in criminal cases and the appropriate considerations for sentencing in cases involving forced labour offences.
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Background
Background to the litigation
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Ratio Decidendi
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