High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GUMMOW, KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ
THE QUEEN APPELLANT
AND
WEI TANG RESPONDENT
The Queen v Tang [2008] HCA 39
28 August 2008
M5/2008
ORDER
1. Appeal allowed.
2. Special leave to cross-appeal on the first and second grounds in the proposed notice of cross-appeal granted. Cross-appeal on those grounds treated as instituted, heard instanter, and dismissed.
3. Special leave to cross-appeal on the third ground in the proposed notice of cross-appeal refused.
4. Set aside orders 3, 4 and 5 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 29 June 2007 and, in their place, order that the appeal to that Court against conviction be dismissed.
5. The appellant to pay the respondent's costs of the application for special leave to appeal and of the appeal to this Court.
6. Remit the matter to the Court of Appeal of the Supreme Court of Victoria for that Court's consideration of the application for leave to appeal against sentence.
On appeal from the Supreme Court of Victoria
Representation
W J Abraham QC with R R Davis for the appellant (instructed by Director of Public Prosecutions (Cth))
N J Young QC with M J Croucher and K L Walker for the respondent (instructed by Slades & Parsons Solicitors)
Interveners
D M J Bennett QC, Solicitor-General of the Commonwealth with S P Donaghue intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
B W Walker SC with R Graycar intervening on behalf of the Human Rights and Equal Opportunity Commission (instructed by Human Rights and Equal Opportunity Commission)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
The Queen v Tang
Criminal law – Slavery – Licensed brothel – Foreign sex workers – Whether respondent "intentionally possesses a slave or exercises over a slave any of the other powers attaching to the right of ownership" contrary to Criminal Code (Cth) ("the Code"), s 270.3(1)(a) – Elements of offence.
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