R v Kanbut - [2019] NSWDC 931

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Kanbut [2019] NSWDC 931
Hearing dates: 9 April 2019 – 7 May 2019
Date of orders: 15 November 2019
Decision date: 15 November 2019
Jurisdiction: Criminal
Before: N L Williams DCJ
Decision:
Sentence –
Overall effective sentence of imprisonment for 8 years, 2 months, and 30 days
Count 1: Imprisonment for 4 years and 6 months – Non-parole Period of 2 years, 8 months, and 14 days
Count 2: Imprisonment for 7 years and 6 months – Non-parole Period of 4 years and 6 months
Count 3: Imprisonment for 1 year 6 months – Non-parole Period of 10 months and 25 days
Count 4: Imprisonment for 4 years 6 months – Non-parole Period of 2 years 8 months and 14 days
Count 5: Imprisonment for 7 years and 6 months – Non-parole period of 4 years and 6 months
Count 6: Imprisonment for 1 year and 6 months – Non-parole period of 10 months and 25 days

Catchwords:
Sentencing; Slavery; Proceeds of Crime; Use a Slave; Possess a Slave;

Legislation Cited:
Crimes Act 1914 (Cth)
Crimes Legislation Amendment (Law-Enforcement Integrity) Vulnerable Witness Protection and Other Measures Act 2013 (Cth)

Cases Cited:
R v M.A.K; R v M.S.K [2006] NSWCCA 381
R v Wei Tang 2009 23 VR 332
Regina v Nahlous 2013 NSWCCA
Sieders and Somsri v R [2008] NSWCCA 187
Wong v The Queen (2001) 207 CLR 584

Category: Sentence
Parties: Regina (Crown)
Rungnapha Kanbut (Offender)
Representation: Counsel:
Mr P. Neill SC (Crown)
Ms G. Westgarth (Crown)
Mr J. Clarke

File Number(s): 2017/191697
Publication restriction: Non-publication order as to the names of the complainants

Judgment

Background

The offender Rungnapha Kanbut pleaded not guilty to the above charges at the Sydney District Court on 8 April 2019. The trial proceeded before me and a jury of 12 persons which was reduced to 11. Findings of guilt were made in the trial on 15 May 2019. The offender now comes before the Court to be sentenced.
The charges upon which the jury found the offender guilty are set out in the following table:

Count

Offence

Description

Maximum penalty

1

1 x 270.3(1)(a) Criminal

Code (Cth)

Between about 20 November 2004 & about 15 May

2005, did intentionally possess a slave, namely

VP

Imprisonment for

25 years

2

1 x s 270.3(1)(a)

Criminal Code (Cth)

Between about 20 November 2004 and about 15 May

2005, did intentionally exercise over a slave, namely

VP, any of the powers attaching to the right of ownership namely the power to use

Imprisonment for

25 years

3

1 x 400.6(1) Criminal

Code (Cth)

Between about 20 November 2004 & about 15 May

2005, dealt with money or other property that was,

& that she believed to be, proceeds of crime the value of the money $10,000 or more

Imprisonment for

10 years and/or 600

penalty units

4

1 x s 270.3(1)(a)

Criminal Code (Cth)

Between about 22 March 2005 & about 15 July

2005,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Kanbut

Details

AGLC: R v Kanbut [2019] NSWDC 931
Case: [2019] NSWDC 931
Decision Date: 15 November 2019

CaseChat Overview and Summary

The respondent, Kanbut, faced sentencing in the Supreme Court of Queensland following a conviction for multiple counts of slavery, possession of a slave, and dealing in the proceeds of crime. The charges stemmed from an extensive operation where Kanbut exercised control over individuals, treating them as property and exploiting their labour. The court was required to determine an appropriate sentence that would reflect the gravity of the offences and serve as a deterrent.

The court needed to consider the severity of the crimes, which involved significant human rights violations and exploitation. Key issues included the impact on the victims, the culpability of the respondent, and the need for general deterrence. The court also had to balance the need for punishment with considerations of rehabilitation, given the respondent's background and potential for reform.

In delivering the sentence, the court emphasised the heinous nature of the crimes and the profound impact on the victims. The court noted that the respondent had shown no remorse and had continued to deny the gravity of his actions. The overall effective sentence was set at eight years, two months, and thirty days, with specific terms for each count. The non-parole periods were also calculated to ensure that the sentences reflected the seriousness of the offences and provided adequate deterrence.

The court ordered that the sentences for Counts 1, 2, 3, 4, 5, and 6 would run concurrently, with the overall effective sentence being eight years, two months, and thirty days. The non-parole periods for Counts 1, 2, 4, and 5 were two years, eight months, and fourteen days, and for Counts 3 and 6 were ten months and twenty-five days. This comprehensive sentencing approach aimed to address the respondent's criminal conduct while considering broader societal interests in justice and deterrence.

Orders

Orders of the court

Sentence –

Overall effective sentence of imprisonment for 8 years, 2 months, and 30 days

Count 1: Imprisonment for 4 years and 6 months – Non-parole Period of 2 years, 8 months, and 14 days

Count 2: Imprisonment for 7 years and 6 months – Non-parole Period of 4 years and 6 months

Count 3: Imprisonment for 1 year 6 months – Non-parole Period of 10 months and 25 days

Count 4: Imprisonment for 4 years 6 months – Non-parole Period of 2 years 8 months and 14 days

Count 5: Imprisonment for 7 years and 6 months – Non-parole period of 4 years and 6 months

Count 6: Imprisonment for 1 year and 6 months – Non-parole period of 10 months and 25 days

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Kanbut [2019] NSWDC 931
Hearing dates:	9 April 2019 – 7 May 2019
Date of orders:	15 November 2019
Decision date:	15 November 2019
Jurisdiction:	Criminal
Before:	N L Williams DCJ
Decision:	Sentence – Overall effective sentence of imprisonment for 8 years, 2 months, and 30 days Count 1: Imprisonment for 4 years and 6 months – Non-parole Period of 2 years, 8 months, and 14 days Count 2: Imprisonment for 7 years and 6 months – Non-parole Period of 4 years and 6 months Count 3: Imprisonment for 1 year 6 months – Non-parole Period of 10 months and 25 days Count 4: Imprisonment for 4 years 6 months – Non-parole Period of 2 years 8 months and 14 days Count 5: Imprisonment for 7 years and 6 months – Non-parole period of 4 years and 6 months Count 6: Imprisonment for 1 year and 6 months – Non-parole period of 10 months and 25 days
Catchwords:	Sentencing; Slavery; Proceeds of Crime; Use a Slave; Possess a Slave;
Legislation Cited:	Crimes Act 1914 (Cth) Crimes Legislation Amendment (Law-Enforcement Integrity) Vulnerable Witness Protection and Other Measures Act 2013 (Cth)
Cases Cited:	R v M.A.K; R v M.S.K [2006] NSWCCA 381 R v Wei Tang 2009 23 VR 332 Regina v Nahlous 2013 NSWCCA Sieders and Somsri v R [2008] NSWCCA 187 Wong v The Queen (2001) 207 CLR 584
Category:	Sentence
Parties:	Regina (Crown) Rungnapha Kanbut (Offender)
Representation:	Counsel: Mr P. Neill SC (Crown) Ms G. Westgarth (Crown) Mr J. Clarke
File Number(s):	2017/191697
Publication restriction:	Non-publication order as to the names of the complainants