People Smuggling

People smuggling involves organising or facilitating the illegal border crossing of another person or persons.

There are several offences under the commonwealth criminal law aimed at people smuggling and trafficking. 

 

THE LAW

The Commonwealth Criminal Code provides for the following offences and maximum penalties:

Section 73 set out the offences and punishments for people smuggling and supporting people smuggling as follows:

• Section 73.1 – the offence of people smuggling carries a maximum penalty of 10 years imprisonment.  This offence would include a person who either organises or facilitates the entry of another person into a foreign country, whether or not via Australia.

• Section 73.2 – aggravated offence of people smuggling.  Circumstances of aggravation include exploitation after the entry into a foreign country, the subjection of a victim to cruel, inhumane or degrading treatment, or placing a victim in danger of death or serious harm.  The maximum penalty of this offence is 20 years imprisonment.

• Section 73.3 – aggravated offence of people smuggling with at least 5 people.  This carries a maximum penalty of 20 years imprisonment.

• Section 73.3A – supporting the offence of people smuggling.  This includes a person who has provided any material support or resources to another person or organisation and that support assists in the person or organisation engaging in people smuggling.  This offence carries a maximum penalty of 10 years imprisonment.

 

THE FACTS THAT MUST BE PROVEN

Since People Smuggling offence is a criminal offence, the burden of proof lies on the Prosecution to prove beyond reasonable doubt. That is a high standard of proof that must be proved by the prosecution for the charge of People Smuggling.

To establish People Smuggling, the prosecution must prove:

(1)  A person (the first person) is guilty of an offence if:

(a)  the first person organises or facilitates the entry of another person (the other person) into a foreign country (whether or not via Australia); and

(b)  the entry of the other person into the foreign country does not comply with the requirements under that country's law for entry into the country; and

(c)  the other person is not a citizen or permanent resident of the foreign country.

 

Defences

Some of the possible defences available for those charged with People Smuggling can be as follows:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another your case may come under the argument of duress.
• If your actions were necessary to prevent a greater harm from occurring to you or someone else, you may come under the argument of necessity

 

CHOICES AT LAW OPTIONS

For People Smuggling, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.