Taru Ali v R [2013] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taru Ali v R [2013] NSWCCA 211 Hearing dates: 29 July 2013 Decision date: 09 September 2013 Before: Johnson J at [1] Price J at [2] R A Hulme J at [3] Decision: Appeal against conviction dismissed Catchwords: CRIMINAL LAW - offences - people smuggling - s 233C Migration Act - appellant crew on boat bound for Ashmore Reef from Indonesia with fifty-two passengers - trial judge directed that the necessary intention was that by steering to Ashmore Reef the appellant was facilitating the entry of the passengers into Australia - whether necessary to establish that the immediate destination was part of Australia or only that the ultimate destination was Australia - mention of particular destination does not create additional element of offence - evidence established knowledge that ultimate destination was Australia - no misdirection Legislation Cited: Criminal Code Act 1995 (Cth) Migration Act 1958 (Cth) Cases Cited: Alomalu v R [2012] NSWCCA 255 PJ v The Queen [2012] VSCA 146; 268 FLR 99 Sunada v R; Jaru v R [2012] NSWCCA 187 The Queen v Ahmad [2012] NTCCA 1; (2012) 256 FLR 423 Category: Principal judgment Parties: Ishak Daeng Taru Ali (Applicant) Regina (Respondent) Representation: Counsel: Mr K H Averre (Applicant) Ms W Abraham QC and Ms N Case (Crown) Solicitors: Catherine Hunter (Applicant) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2011/121349 Decision under appeal Jurisdiction: 9101 Date of Decision: 2012-02-29 00:00:00 Before: Woodburne DCJ File Number(s): 2011/121349