Mandatory Harsh Penalties for People Smugglers in Australia: Time for Reform

Abstract

People-smuggling offences in Australia carry long mandatory terms of imprisonment. The penalties are so severe that many members of the judiciary have taken the unusual step of criticising them. An analysis of the sentencing regime for these offences demonstrates that the penalties are, indeed, too harsh. They are disproportionate to the objective seriousness of the offences and are incapable of deterring would-be offenders. If a fixed penalty is to be maintained for such offences, it should be in the order of imprisonment for three months—not five years—with a minimum term of three years. The offences discussed in this article relate to Australia, however, the people-smuggling phenomenon occurs in most developed nations. Thus the principles discussed below are of more wide-ranging application.