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Judge says mandatory sentencing for people smugglers unfair

A Queensland judge has criticised mandatory sentencing of people smugglers saying it does not take into consideration personal circumstances

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11 Jan 2012

A Queensland judge has criticised the use of mandatory sentencing for people smugglers debating that it robs the courts the opportunity of handing down a sentence based on personal circumstances.

Today, Brisbane District Court Judge Terry Martin handed down the
sentence to Hasim, a 29-year-old poverty-stricken fisherman from
Indonesia who illegally transported 20 Afghani refugees on an unseaworthy vessel.

The court was told Hasim, who was propisitioned by organisers in Indonesia took the AU$500 paying job to provide for his mother and sister.

Judge Martin said that in this case, the five-year mandatory sentencing did not reflect the case.

"Commonly savage penalties are being imposed upon the
ignorant, who are simply being exploited by organisers - you are one
such person," he said.

"It's obvious that the legislation imposing a minimum
mandatory penalty deprives a court from exercising a full and proper
sentencing discretion in cases such as this."

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