The case concerned an appeal the State of Victoria against Wei Tang, the operator of a Melbourne brothel.
The case has been described by commentators as 'the most crucial test of the effectiveness of our criminal laws against … slavery ever to come before an Australian court'.
[1] The Victorian Court of Appeal held that the judge's directions to the jury were inadequate,[3] quashed the convictions and ordered that Tang be retried.
Tang was given special leave to cross appeal on the meaning and constitutional validity of section 270.3(1)(a) of the Criminal Code.
The majority of the High Court, Gleeson CJ, Gummow, Hayne, Heydon, Crennan and Kiefel JJ, upheld the prosecutions appeal, holding that the prosecution did not need to prove that Ms Tang knew or believed that the women were slaves.