R v Rakiba Rakiba

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Rakiba Rakiba

Citation:

[2014] ACTSC 373

Hearing Date(s):

25 February 2014

DecisionDate:

25 February 2014

Before:

Refshauge J

Decision:

1.   Rakiba Rakiba be convicted of people smuggling.

2.   Rakiba Rakiba be sentenced to two years and two months’ imprisonment to commence on 12 June 2012.

3.   Rakiba Rakiba be released forthwith on a Recognizance Release Order for a period of two years with a security in the sum of $600.

Category:

Principal Judgment

Catchwords:

CRIMINAL LAW – Judgment and Punishment – Sentencing – People smuggling

Legislation Cited:

Crimes Act 1914 (Cth), Pt 1B

Migration Act 1958 (Cth), s 233A

Cases Cited:

DPP (Cth) v El Karhani (1990) 21 NSWLR 370

Jopar v The Queen (2013) 275 FLR 454
R v Basirun (Unreported, ACTSC, Higgins CJ, 11 July 2013)
R v Karabi (2012) 220 A Crim R 338
R v Kaubulan (Unreported, ACTSC, Higgins CJ, 25 June 2013

Parties:

The Queen (Crown)

Rakiba Rakiba (Offender)

Representation:

Counsel

Ms K Haigh (Crown)

Mr J Lawton (Offender)

Solicitors

Commonwealth Director of Public Prosecutions (Crown)

Rachel Bird and Co (Offender)

File Number(s):

SCC 243 of 2012

Refshauge J:

1. The way in which those fleeing persecution should be treated is an emotive issue which divides the community.  The trade in people smuggling, however, whereby the lives of such people is put at risk by persons who take large sums of money from those desperate people, is a matter in which there is a more unified community voice. 

1. Rakiba Rakiba has been found guilty of the offence of people smuggling. This is an offence under s 233A of the Migration Act 1958 (Cth), which provides for a maximum penalty of ten years’ imprisonment, or a fine of 1,000 penalty units, or both.

The facts

1. The facts are that Mr Minaz Uddin, who was born in Bangladesh, left Bangladesh in order to avoid persecution from the demands of the political parties there who threatened him with dire consequences if he did not join one or the other.  He fled to Malaysia and then to Indonesia, where he embarked on a boat to go to Australia.

1. The boat, after two days, got into difficulties and, despite the work of the crew and the passengers, ultimately sank, and they were marooned on an isolated island in the sea.  Sometime later, they were collected by a second boat, which was, it appears, in the charge of the accused, Rakiba Rakiba.  He steered the boat to Ashmore Island.

1. The conditions on the boat were of a very sad circumstance.  There was no cabin, just a tarpaulin to protect from the sun and the run.  There were no lifejackets, which, of course, made a precarious journey in an open boat through open seas life‑threatening.  There were no toilet facilities and the cooking and sleeping facilities were obviously of a very substandard level.

1. At Ashmore Reef, where the boat ultimately arrived, the boat was intercepted by Customs and then by the…