The case of SIEV 298 involved the arrival of a vessel carrying 74 smuggled migrants (mostly Iranian and Afghan nationals) and two crew who were apprehended near Christmas Island on 17 January 2012. One of the two crew members, Mr Amboyo, was later charged and convicted for his involvement in this venture.
The vessel referred to as SIEV 298 by Australian authorities was initially detected east-northeast of Christmas Island by a Customs and Border Protection surveillance aircraft, operating under the control of Border Protection Command. Officers of the HMAS Glenelg boarded the vessel on the afternoon of 17 January 2012.
District Court of Queensland
On 18 October 2012, Mr Amboyo pleaded guilty to one count of people smuggling under s 233A of the Migration Act 1958 (Cth). He was sentenced on the same day.
Mr Amboyo was sentenced to 2 years in prison to be released after 9 months upon entering into a recognisance in the sum of AUD 1000, conditioned that he be on good behaviour for a period of two years.
District Court Judge Kingham made clear that he was sentencing Mr Amboyo based on his limited role as a crew member rather than captain or organiser. The judge noted that Mr Amboyo was motivated by financial gain, but recognised the context of his need to support a family in Indonesia. His Honour also recognised that the financial reward to Mr Amboyo was far less than to the organiser of the voyage.
His Honour noted that the vessel was not well provisions and inappropriately crowded. He also noted as a matter of concern the lack of facilities on board the vessel, including life jackets, and the lack of food and water. He took into account Mr Amboyo's counsel's submissions regarding Mr Amboyo's role in providing food and sustenance to passengers.
Kingham DCJ referred to the case of R v Karabi [2012] QCA 47 in which the Queensland Court of Appeal confirmed that general deterrence is an important sentencing principle in cases of this nature.
His Honour stated that there was nothing to indicate that Mr Amboyo was likely to re-offend, with no criminal history in either Australia or Indonesia. He noted that Mr Amboyo had worked throughout his adult life to support his family, including working while in custody. His Honour took Mr Amboyo's early guilty plea as an acceptance of responsibility and expression of remorse. He also took into account the 275 days Mr Amboyo had already spent in custody as time served on the penalty imposed.
His Honour drew distinction between Mr Amboyo's role as crew member as opposed to captain before fixing a head sentence of two years.
The smuggled migrants who arrived on board SIEV 298 were taken to Christmas Island and placed into immigration detention.
Mr Amboyo's role in the passage of SIEV 298 from Indonesia to Australian waters included steering and navigating the vessel, and sustaining passengers by way of fishing and harvesting rain water. Mr Amboyo pleaded guilty to the charges laid against him.
Mr Amboyo worked as a fisherman for most of his adult life in Indonesia. He supported 3 children aged 11 to 17.
Mr Amboyo was one of two crew members who arrived on board SIEV 298.
District Court of Queensland
Transcript of Proceedings, R v Amboyo (District Court of Queensland, Indictment No 1578 of 2012, Kingham DCJ , 18 October 2012)
This entry was copied from The Migrant Smuggling Case Database, launched by the University of Queensland Migrant Smuggling Working Group in August 2013.
