Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.

Section 73.2 Criminal Code Act 1995
Aggravated People Smuggling

Section 73.2 of the Criminal Code Act 1995 (Cth) is Aggravated People Smuggling and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Aggravated People Smuggling matter, call Sydney Criminal Lawyers® today on
(02) 9261 8881

The Legislation

73.2  Aggravated offence of people smuggling (exploitation, or danger of death or serious harm etc.)

(1)  A person (the first person) commits an offence against this section if the first person commits the offence of people smuggling (the underlying offence) in relation to another person (the victim) and any of the following applies:

(a)  the first person commits the underlying offence intending that the victim will be exploited after entry into the foreign country (whether by the first person or another);

(b)  in committing the underlying offence, the first person subjects the victim to cruel, inhuman or degrading treatment;

(c)  in committing the underlying offence:

(i)  the first person’s conduct gives rise to a danger of death or serious harm to the victim; and

(ii)  the first person is reckless as to the danger of death or serious harm to the victim that arises from the conduct.

Penalty:  Imprisonment for 20 years or 2,000 penalty units, or both.

(2)  There is no fault element for the physical element of conduct described in subsection (1), that the first person commits the underlying offence, other than the fault elements (however described), if any, for the underlying offence.

(2A)  To avoid doubt, the first person may be convicted of an offence against this section even if the first person has not been convicted of the underlying offence.

(3)  In this section:

forced labour means the condition of a person who provides labour or services (other than sexual services) and who, because of the use of force or threats:

(a)  is not free to cease providing labour or services; or

(b)  is not free to leave the place or area where the person provides labour or services.

sexual servitude has the same meaning as in Division 270.

slavery has the same meaning as in Division 270.

threat means:

(a)  a threat of force; or

(b)  a threat to cause a person’s deportation; or

(c)  a threat of any other detrimental action unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages


Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)