Aggravated people smuggling – danger of death or serious harm is an offence under section 73.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 20 years in prison.m
To establish the offence, the prosecution must prove beyond reasonable doubt that:
It is immaterial whether entry into the foreign country was via Australia.
You were ‘reckless’ if you were aware there was a substantial risk that your conduct would give rise to a danger of death or serious harm to the other person, but you went ahead with your actions regardless.
You are not guilty of the offence unless:
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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