Convictions for people smuggling offences under s 232A of the Migration Act 1958 (Cth) are liable to be set aside where the Crown's determination that the accused was an adult was based on discredited wrist x-ray evidence, even where the accused pleaded guilty and did not contest age at trial. The District Court lacks jurisdiction where the accused was under 18, as the Children's Court has exclusive jurisdiction under s 19(1) of the Children's Court of Western Australia Act 1988 (WA). The question of the precise standard of proof required on appeal where age was not contested at trial was left open.
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