28 Jul 1994
The judge erred by further taking into account the applicant's captaincy after adopting the established starting point of 5 years (which already reflects that factor); the applicant was therefore entitled to the District Court discount and credit for one month in Immigration custody, warranting reduction of the sentence from 4 years 3 months to 3 years 5 months.
17 Mar 1994
Section 37K(1) is constitutional when construed to create a rebuttable presumption only where it appears more likely than not that the person is an unauthorized entrant, the prosecution must establish that threshold; the Court may substitute a conviction under s37D(1)(a) for one under s37C(1)(a) pursuant to s51(2) CPO and appellate powers, and consents given for prosecution under s37C(1)(a) suffice for such substituted convictions.
22 Mar 1990
Because s.37C(1)(a) and (c) carry the same punishment the judge was entitled to consider evidence that the appellants played an active role beyond simple crew; the 3-year sentences were within the acceptable sentencing range and not manifestly excessive, so the applications to appeal were refused.
2 Feb 1988
The Crown did not prove that the two individuals were unauthorized entrants; therefore the conviction could not stand and was quashed. The evidential burden cannot properly be shifted to the defence in the absence of proof of status.
15 May 1980
The Court held that the offence was a deliberate, planned expedition to introduce illegal immigrants for gain in circumstances where such conduct poses a substantial threat to community stability; the magistrate's sentences (six and nine months) were manifestly inadequate and, absent significant distinguishing features between the defendants, should be increased to two years' imprisonment each.