Case Law Database

Smuggling of migrants

Offences

• Enabling illegal entry
• Financial or other material benefit (to smuggler)

R v Sutiman & Kusnanto (Unreported, District Court of Western Australia, Perth, 25 February 2000), R v Ruddin (Unreported, District Court of Western Australia, 3 May 2000)

Fact Summary

The case of SIEV Leura involves and Indonesian vessel that was intercepted by Australian authorities near the Bonaparte Archipelago in Western Australia on 14 September 1999. On board the vessel were 14 smuggled migrants of Afghan origin who came to Australia to seek asylum. The two Indonesian crew were later charged and convicted for their involvement in this venture. One of them was the first person to be charged under s 232A of the Migration Act 1958 (Cth), Australia's principal migrant smuggling offence that was first introduced in September 1999.

It was reported that both of the smugglers agreed to participate in the venture for between AUD 400 and AUD 600.

Commentary and Significant Features

One of the two crew on board SIEV Leura became the first person to be charged under s 232A of the Migration Act 1958 (Cth), Australia's principal migrant smuggling offence that was first introduced in September 1999 with the Migration Legislation Amendment Act (No 1) 1999 (Cth).

Following the arrival of 45 migrant smuggling vessels in the first eight months of 1999, the Australian Government implemented the new s 232A to specifically target persons who organise and facilitate the bringing of groups of illegal migrants to Australia, particularly by sea. Section 232A makes it an offence to organise or facilitate the smuggling of five or more unlawful non-citizens into Australia.

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)

Involved Countries

Indonesia

Australia

Procedural Information

Legal System:
Common Law
Accused were tried:
separately (parallel trials)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Official Case Reference:
    R v Sutiman & Kusnanto (Unreported, District Court of Western Australia, 25 February 2000)
  • Decision Date:
    Fri Feb 25 00:00:00 CET 2000

    Court

    Court Title

    District Court of Western Australia

     

    Location

  • City/Town:
    Perth
  • Province:
    Western Australia
  • • Criminal

    Description

    In this trial, Mr Sutiman, one of the two crew was convicted. He was tried together with another accused who was a crew member on SIEV Richmond, which arrived on 2 October 1999 (AUS-S-Richmond on this database).

    The two men were sentenced on 25 February 2000.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    3 years
     

    Mr Sutiman was sentenced to 3 years imprisonment. He due to be released from jail on 13 March 2001.

    Jackson J stated that Mr Sutiman's situation of poverty and desperation had led him to participate in the smuggling venture. His Honour also mentioned that the accused was the lowest rank in the criminal chain, but felt that he had to sentence him to three years as a deterrent.

    Proceeding #2:
  • Stage:
    first trial
  • Official Case Reference:
    R v Ruddin (Unreported, District Court of Western Australia, 3 May 2000)
  • Decision Date:
    Wed May 03 00:00:00 CEST 2000

    Court

    Court Title

    District Court of Western Australia

     

    Location

  • City/Town:
    Perth
  • Province:
    Western Australia
  • • Criminal

    Description

    In this trial, Mr Ruddin, one of the crew, was convicted for his involvement in the arrival of SIEV Leura. He was sentenced on 3 May 2000.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    3 years
     

    Mr Ruddin was sentenced to 3 years imprisonment. He was due to be released from jail on 13 March 2001.

    Migrants

    Migrant:
    14 persons
    Nationality:
    Afghan

    After the smuggling vessel was intercepted the persons on board were taken to a separate location to be processed. All 14 of the migrants on board were later granted Temporary Protection Visas.

    Defendants / Respondents in the first instance

    Defendant:
    Sukrisman Sutiman
    Gender:
    Male
    Nationality:
    Indonesian
    Age:
    33

    Mr Sutiman was the first person to be charged under s 232A of the Migration Act 1958 (Cth), Australia's principal migrant smuggling offence that was first introduced in September 1999.

    At trial, he was noted as being poor and uneducated, and had earned a subsistence living of around AUD 1 a day. While he was imprisoned, Mr Sutiman wrote to his home town in Indonesia warning them of the dangers of people smuggling.

    Defendant:
    Hami (Hamid Abdul) Ruddin
    Gender:
    Male
    Nationality:
    Indonesian

    Charges / Claims / Decisions

    Defendant:
    Sukrisman Sutiman
    Statute:
    Migration Act 1958 (Cth)s 232A - Organising bringing groups of non-citizens into Australia
    Charge details:

    Mr Sutiman was one of the two crew on board SIEV Leura.

    Defendant:
    Hami (Hamid Abdul) Ruddin
    Charge details:

    Mr Ruddin was one of the two crew on board SIEV Leura. He faced the same charges as Mr Sutiman.

    Sources / Citations

    This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.

    Attachments