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.

Criminal procedure – Directions to jury - Fault element of offence - Relevance of respondent's state of mind - "Intention" - Whether court required to direct on all aspects of definition of "intention" in Code, s 5.2 or only on aspect of definition attaching to physical element or elements of offence.

Criminal law – Conviction - Whether verdicts unreasonable or not supported by evidence - "Proviso" in Crimes Act 1958 (Vic), s 568(1) - Whether verdict of acquittal or re-trial appropriate.

Constitutional law – External affairs power - International Convention to Suppress the Slave Trade and Slavery (1926) - Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices similar to Slavery (1956) - Implementation of treaty by legislation regulating conduct in Australia - Whether Code, ss 270.1 and 270.3(1)(a) within legislative power - Constitution, s 51(xxix).

Words and phrases – "possess", "powers attaching to the right of ownership", "slave", "slavery".

Criminal Code (Cth) – ss 5.1, 5.2, 5.6, 270.1, 270.2, 270.3.