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• 促成非法入境

SIEV Pokataroo (R v Husaini et al (2000) NTSC)

事实梗概

The case of SIEV Pokataroo refers to the Indonesian vessel 'Alan Raya Utama' that was intercepted by Australian authorities near Ashmore Reef on 6 December 1999. The vessel was carrying 135 smuggled migrants who sought asylum in Australia, and six Indonesian crew members. The six crew, including one juvenile, were later charged and convicted for their involvement in this venture.

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:
与同案其他被告一同处理(合并审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 法院

    法院名称

    Supreme Court of the Northern Territory

     

    地点

  • 城市/城镇:
    Darwin
  • 省:
    Northern Territory
  • • 刑事的

    说明

    In this trial, the six Indonesian crew including the juvenile crew member were found guilty on charges relating to migrant smuggling. They were sentenced on 25 July 2000.

     

    结果

  • 陪审团裁决:
    有罪
  • 刑事判决

    刑事判决

    监禁期:
    2 岁 6 月份
     

    Husaini was sentenced to 30 months imprisonment. He was due to be released from jail on 5 March 2001.

    刑事判决

    监禁期:
    4 岁
     

    Sarimin Abang, Bili Kadirand Din Hal were sentenced to 48 months imprisonment. They were due to be released from jail on 6 December 2001.

    刑事判决

    监禁期:
    6 岁
     

    Abdul Rayman Husein was sentenced to 72 months imprisonment. Mr Husein was due to be released from jail on 6 December 2002.

    Chief Justice Martin noted that Mr Husein had a prior migrant smuggling conviction for his involvement in the arrival of SIEV X-Keten, less than six months before the arrival of SIEV Pokataroo (AUS-S-X-Keten on this database). Chief Justice Martin fixed a head sentence of six years imprisonment and a non-parole period of three years, having regard to Mr Husein's prior conviction and also his role as the captain of SIEV Pokataroo.

    刑事判决

    监禁期:
    3 岁
     

    Misa Handalo was sentenced to 36 months imprisonment. He was due to be released from jail on 5 June 2001.

    移民

    移民:
    135 persons
    国籍:
    null

    132 migrants were granted refugee status/asylum. 2 migrants were deported and as of 6 October 2004, one migrant was on a bridging visa.

    被告/ 初审被申请人

    被告:
    Husaini
    性别:
    国籍:
    被告:
    Sarimin Abang
    性别:
    国籍:
    被告:
    Din Hal
    性别:
    国籍:
    被告:
    Abdul Rayman Husein
    性别:
    国籍:
    年龄:
    48

    Mr Husein had a prior migrant smuggling conviction for his involvement in the arrival of SIEV X-Keten on 29 June 1999 (AUS-S-X-Keten on this database). He was convicted in the Darwin Magistrates court in July of that year and sentenced to six months' imprisonment, but was released after three months on a good behaviour bond of five years. He was released and removed from Australia on 29 September 1999. It was less than three months between his release on 29 September before he re-offended through his involvement in SIEV Pokataroo.

    被告:
    Bili Kadir
    性别:
    国籍:
    被告:
    Misa Handalo (Hando)
    性别:
    国籍:

    指控/索赔/裁决

    被告:
    Husaini
    法规:
    Migration Act 1958 (Cth)s 233(1)(a) - Persons concerned in bringing non-citizens into Australia in contravention of this Act
    指控详情:

    Mr Husaini was one of the six crew members on board SIEV Pokataroo.

    被告:
    Sarimin Abang
    指控详情:

    Mr Abang was one of the six crew members on board SIEV Pokataroo. He faced the same charges as Mr Husaini.

    被告:
    Din Hal
    指控详情:

    Mr Hal was one of the six crew members on board SIEV Pokataroo. He faced the same charges as the other co-accuseds.

    被告:
    Abdul Rayman Husein
    指控详情:

    Mr Husein was the captain of SIEV Pokataroo. He faced the same charges as the other co-accuseds.

    被告:
    Bili Kadir
    指控详情:

    Mr Kadir was one of the six crew members on board SIEV Pokataroo. He faced the same charges as the other co-accuseds.

    被告:
    Misa Handalo (Hando)
    指控详情:

    Mr Handalo was one of the six crew members on board SIEV Pokataroo. Australian authorities believe that Mr Handalo was a juvenile at the time the vessel was detected. He faced the same charges as the other co-accuseds.

    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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