Section 233 — Aggravated people smuggling
Text of provision
Section 233 — verbatim text unavailable.
Plain English
Section 233 provides aggravated people smuggling offences with higher penalties where the circumstances involve: exploitation of the smuggled persons; subjecting them to inhumane treatment; exposing them to danger of death or serious harm; acting in concert with five or more persons; or using a vessel that caused serious harm to a person. The maximum penalty for the most serious form is 20 years' imprisonment and a fine of 2,000 penalty units.
Practical effect
Aggravated people smuggling carries the same maximum penalty as the base offence under s 232 but is used where the prosecution seeks to reflect the severity of the offending in the way the charge is framed. In practice, the aggravating circumstances are pleaded where the voyage conditions were dangerous, the passengers were exploited, or the operation was highly organised. These factors also bear on sentencing even if the base offence is charged.