Base de données Jurisprudence

Trafic illicite de migrants

Délit(s) / Infranction(s)

• Fait de permettre l’entrée illégale
• Avantage financier ou autre avantage matériel (au profit du passeur)

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)

Résumé des faits

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.

Commentaire / Faits marquants

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.

Questions transversales

Responsabilité

Responsabilité pour

• Infraction consommée

Responsabilité impliquant

• Auteur principal (d’une infraction)

Commission d’une infraction

Détails

• Produite dans un (ou plusieurs) des frontières internationales (transnational)

Pays concernés

Indonésie

Australie

Informations sur la procédure

Système juridique:
Droit commun
Les accusés ont été jugés:
séparément (procès parallèles)
 
 
Procédure #1:
  • Étape:
    premier jugement
  • Numéro de dossier officiel:
    R v Sutiman & Kusnanto (Unreported, District Court of Western Australia, 25 February 2000)
  • Date de décisions:
    Fri Feb 25 00:00:00 CET 2000

    Tribunal

    Titre

    District Court of Western Australia

     

    Location

  • Ville:
    Perth
  • Province:
    Western Australia
  • • Criminel / pénal

    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.

     

    Résultat

  • Verdict:
    Coupable
  • Condamnations

    Condamnation

    Peine de prison:
    3 ans
     

    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.

    Procédure #2:
  • Étape:
    premier jugement
  • Numéro de dossier officiel:
    R v Ruddin (Unreported, District Court of Western Australia, 3 May 2000)
  • Date de décisions:
    Wed May 03 00:00:00 CEST 2000

    Tribunal

    Titre

    District Court of Western Australia

     

    Location

  • Ville:
    Perth
  • Province:
    Western Australia
  • • Criminel / pénal

    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.

     

    Résultat

  • Verdict:
    Coupable
  • Condamnations

    Condamnation

    Peine de prison:
    3 ans
     

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

    Migrants

    Migrant:
    14 persons
    Nationalité:
    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.

    Défendeurs / Répondants de la première instance

    Prévenu:
    Sukrisman Sutiman
    Sexe:
    Homme
    Nationalité:
    Indonésien
    Ancienneté:
    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.

    Prévenu:
    Hami (Hamid Abdul) Ruddin
    Sexe:
    Homme
    Nationalité:
    Indonésien

    Accusations / Demandes d’indemnité / Décisions

    Prévenu:
    Sukrisman Sutiman
    Statut:
    Migration Act 1958 (Cth)s 232A - Organising bringing groups of non-citizens into Australia
    Détails de charges:

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

    Prévenu:
    Hami (Hamid Abdul) Ruddin
    Détails de charges:

    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.

    Pièces jointes/annexes