Bushter v R (Commonwealth) [2017] NSWDC 87

Bushter v R (Commonwealth) [2017] NSWDC 87

The appellant failed to prove exceptional hardship within the meaning of the law; the evidence suggested the wife could be cared for by children now older than at the relevant time.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 March 2017
Procedural Posture
Criminal Severity Appeal / Appeal From Local Court to District Court
Outcome
appeal dismissed
Legal Topics
['people Smuggling' 'passport Offences' 'severity Appeal' 'exceptional Hardship']
['criminal Law'] ['people Smuggling' 'passport Offences' 'severity Appeal' 'exceptional Hardship']

Source-derived case record

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Procedural Posture

Criminal Severity Appeal / Appeal From Local Court to District Court

Legal Issues

  1. 1 ["whether exceptional hardship to a 3rd party (appellant's wife) was established for severity appeal"]

Ratio Decidendi

The appellant failed to prove exceptional hardship within the meaning of the law; the evidence suggested the wife could be cared for by children now older than at the relevant time.

Court Disposition

appeal dismissed

Orders

  • ['orders of the Local Court are confirmed' 'imprisonment sentences imposed by the Local Court are confirmed and to date from 13 March 2017' 'appellant to go into custody']