R v Pulendren [2010] NSWDC 335

New South Wales District Court

CITATION: R v Pulendren [2010] NSWDC 335

HEARING DATE(S): 02/09/10, 03/09/10, 10/09/10

JUDGMENT DATE: 20 September 2010

JURISDICTION: Criminal

JUDGMENT OF: Tupman DCJ

DECISION: Sentenced to a term of imprisonment of five and a half years commencing on 24 November 2009 and expiring on 23 April 2015 with a non-parole period of three years commencing on 24 November 2009 and expiring on 23 November 2012

CATCHWORDS: CRIMINAL LAW - Commonwealth sentence - people smuggling Sri Lanka Tamil asylum seekers - S232A(1) Migration Act - mandatory prison term - early plea of guilty - disclosing offence to authorities - acting as local agent for broader people smuggling syndicate in Sri Lanka, Malaysia and Indonesia - financial gain motive - considering comparable people smuggling sentences - applying Commonwealth sentencing principles

LEGISLATION CITED: Crimes Act 1914 Migration Act

Cita v R (2001) 120 A Crim R 307 CASES CITED: R v Daoed (2005) 158 A Crim R 381 R v Disun (2003) 27 WAR 146 R v Al Jenabi [2004] NTSC 44

PARTIES: Commonwealth DPP Pathmendra PULENDREN

FILE NUMBER(S): 2009/00056107

COUNSEL: Mr P McGuire (CDPP)

SOLICITORS: Mr M Cavanagh (for offender)

SENTENCE

HER HONOUR: 1. The offender is before me for sentence following his plea of guilty in the Local Court on 24 November 2009 to one count contrary to s 232A(1) of the Migration Act, which was then in force, namely, that between 1 February 2009 and 28 June 2009 at Pendle Hill, he facilitated the bringing or coming to Australia of a group of five or more people who had no lawful visa to enter Australia, he being reckless as to whether or not they had a lawful right to do so. It is the offence known as people smuggling.