Clive Gurzhii and Julia Gurzhii v R - Summary Court Appeal (SCA) Judgment

Criminal Law Appeals against convictions and sentences pursuant to s.181 of the Criminal Procedure Code (2021 Revision. Elements of the offence of Human Smuggling contrary to s.66 of the Customs and Border Control Act (2024 Revision, whether complicit dishonesty with passengers is a requirement for the offence. Illegal Landing contrary to s.105 (1) of the Customs and Border Control Act (2024 Revision). Defence of Duress of Circumstances, Evidential burden. Failing to Complete a Disembarkation Card contrary to s. 98 (1) of the Customs and Border Control Act (2024 Revision), whether requirement for immediacy. Sentences for Human Smuggling, whether manifestly excessive where two migrants on board vessel.