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Aggravated People Smuggling – at least 5 People

Aggravated people smuggling – at least 5 people is an offence under section 73.3 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 20 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You organised or facilitated the entry of a group of at least 5 persons into a foreign country
  2. The entry of at least 5 of those persons did not comply with the foreign country’s entry requirements, and
  3. At least 5 of those persons were not citizens or permanent residents of the foreign country.

You are not guilty of the offence unless:

  1. You were an Australian citizen or resident at the time of your conduct, and your conduct occurred wholly outside Australia, or
  2. Your conduct occurred wholly outside Australia, and the result of your conduct occurred, or you intended it to occur, wholly outside Australia.

Proceedings for the offence cannot be commenced without the Attorney-General’s consent.

Defences to the charge include duress and self-defence.

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