判例法数据库

偷运移民

罪行

• 促成非法入境
• (给偷运者的)钱财或其他物质利益

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)

事实梗概

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.

评注和重要特点

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.

交叉问题

责任

... 为了

• 既遂犯罪

... 作为涉及方

• 主犯

犯罪

详情

• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

印度尼西亚

澳大利亚

程序步骤

法律制度:
习惯法
被告人的审讯:
与同案其他被告分拆处理(分拆案件审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    R v Sutiman & Kusnanto (Unreported, District Court of Western Australia, 25 February 2000)
  • 裁决日期:
    Fri Feb 25 00:00:00 CET 2000

    法院

    法院名称

    District Court of Western Australia

     

    地点

  • 城市/城镇:
    Perth
  • 省:
    Western Australia
  • • 刑事的

    说明

    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.

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    3 岁
     

    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.

    诉讼 #2:
  • 阶段:
    初审
  • 官方案件编号:
    R v Ruddin (Unreported, District Court of Western Australia, 3 May 2000)
  • 裁决日期:
    Wed May 03 00:00:00 CEST 2000

    法院

    法院名称

    District Court of Western Australia

     

    地点

  • 城市/城镇:
    Perth
  • 省:
    Western Australia
  • • 刑事的

    说明

    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.

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    3 岁
     

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

    移民

    移民:
    14 persons
    国籍:
    null

    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.

    被告/ 初审被申请人

    被告:
    Sukrisman Sutiman
    性别:
    国籍:
    年龄:
    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.

    被告:
    Hami (Hamid Abdul) Ruddin
    性别:
    国籍:

    指控/索赔/裁决

    被告:
    Sukrisman Sutiman
    法规:
    Migration Act 1958 (Cth)s 232A - Organising bringing groups of non-citizens into Australia
    指控详情:

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

    被告:
    Hami (Hamid Abdul) Ruddin
    指控详情:

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

    来源/引文

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

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