Site Logo

DPP v Kannan [2023] VCC 1165

See full judgment: Austlii.

The offender was sentenced following a plea of guilty to 1 count of attempting to pervert the course of justice contrary to the Crimes Act 1914 (Cth).

Nature and Circumstances: Commencing in February 2020 offender faced trial in the Supreme Court of Victoria for slavery offences. Offender called the victim the night before they were to view evidence. Offender did not disclose their identity and assumed the guise of an interpreter. Offender repeatedly told the victim that they should not give evidence to the court. The gravity of the offending lies not in whether a perversion of justice actually occurred; it is the engagement in the conduct which had the tendency to divert the course of justice from its natural path. The victim was elderly and physically unwell. They spoke no English and they were illiterate. The victim had been through a terrible ordeal at offender’s hands for many, many years. They were isolated and had very little support, which was known to offender, and which offender exploited with their comments during the conversation emphasising victim’s isolation and urging them not to trust the authorities who were helping them. Unlike in other similar cases, offender made no direct threats to the victim, instead offender’s threats emphasised the victim’s isolation in a foreign country, and tried to engender fear in them that those around were not to be trusted. Offending is inherently serious.

Family and Dependants: Offender has three children, all of whom have been diagnosed with autism spectrum disorder. Offender has and will continue to suffer a degree of extracurial punishment as a result of the circumstances relating to their children. Offender’s children will suffer particular hardship given that both parents are imprisoned.

Offender was sentenced to 2 years and 6 months of imprisonment, commencing 18 months prior to the expiration of the existing head sentence of eight years’ imprisonment. The new total effective sentence is 9 years. The single non-parole period for the federal sentences is 4 years and 6 months.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

© 2023 The National Judicial College of Australia (NJCA). Powered by

Privacy Policy|Terms and Conditions