R v AMBO [2011] NSWDC 182

R v AMBO [2011] NSWDC 182

Given the offender's role as facilitator and statutory requirements for mandatory minimum sentence under the Migration Act, the court imposed 5 years imprisonment with a 3-year non-parole period, backdated to the commencement of custody.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['people Smuggling' 'sentencing']
['criminal Law'] ['people Smuggling' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence under mandatory minimum provisions for people smuggling under Migration Act' "Assessment of offender's role and criminality in people smuggling operation"]

Ratio Decidendi

Given the offender's role as facilitator and statutory requirements for mandatory minimum sentence under the Migration Act, the court imposed 5 years imprisonment with a 3-year non-parole period, backdated to the commencement of custody.

Court Disposition

convicted and sentenced

Orders

  • ['5 years imprisonment commencing 8 February 2011 and expiring 7 February 2016' 'non-parole period of 3 years commencing 8 February 2011 and expiring 7 February 2014' 'Forfeiture order made for Riyals found relating to passengers' 'No forfeiture order for Indonesian rupiahs found on offender']