R v NETTHIP [2010] NSWDC 159

New South Wales District Court

CITATION: R v NETTHIP [2010] NSWDC 159

HEARING DATE(S): 29 July 2010

JUDGMENT DATE: 30 July 2010

JURISDICTION: Criminal

JUDGMENT OF: Murrell SC DCJ

CATCHWORDS: CRIMINAL LAW - Commonwealth Crime - Sentence - Sentencing Orders - Sexual Servitude - "threat of detrimental action" - "Detriment" and "disadvantage" - Debt bondage - Aid and abet making of false statement to Commonwealth officers

Crimes Act 1914 (Cth) LEGISLATION CITED: Criminal Code Act 1995 Cth) Migration Act 1958 (Cth)

R v El Karhani (1990) 21 NSWLR 370 CASES CITED: R v Jones [2010] NSWCCA 108 Pearce v R [1998] HCA 57 R v Sieders; R v Somsri [2008] NSWCCA 187

PARTIES: Crown Namthip NETTHIP

FILE NUMBER(S): 2009/1560266; 2009/0212661

COUNSEL: Mr O'Donnell (Crown) Mr R Sutherland SC (Accused)

SOLICITORS: Commonwealth Director of Public Prosecutions (Crown) Armstrong Legal (Accused)

The Offences

1 On 30 March 2010 at the Downing Centre Local Court, the offender pleaded guilty to the following offences: (i) Between about 30 August 2005 and about 1 April 2008 at Sydney, conducting a business that involved the sexual servitude of 11 other persons, knowing about that sexual servitude (contrary to s 270.6 (2) of the Criminal Code 1995 (Cth)).

(ii) On about 5 February 2007 at Sydney, counselling and procuring the commission of an offence by YS through the making of false statements by YS to an immigration official in connection with an application for further visa, being a protection visa that would permit her as a non citizen to remain in Australia (contrary to s 234(1) (b) of the Migration Act 1958 (Cth) and s 11.2 of the Code ).