Two Indonesian nationals have been jailed after being convicted of people smuggling offences during an ill-fated voyage that led to the deaths of 102 people.
Boy Djara, believed to be aged 26 or 27, was sentenced in the Perth District Court on Thursday to nine years in prison after being convicted of six counts of people smuggling, five of which were the more aggravated offence of bringing non-citizens to Australia in a way that gave rise to death or serious injury.
He must spend at least six years behind bars before he will be considered for release.
Justhen, 44, who like many Indonesians only uses one name, was acquitted by a jury of the five more serious charges, but was found guilty of one charge of trying to assist illegal non-citizens into Australia.
He was sentenced to six years behind bars. He must spend a minimum of four years in jail before he will be eligible for parole.
Both sentences were backdated to June 2012 when the men were taken into custody.
The pair were not charged with organising the people smuggling or with the deaths of any passengers.
Their small wooden fishing vessel was packed with 210 male passengers, mostly from Pakistan and Afghanistan, and started taking on water before eventually capsizing 200km from Christmas Island in June 2012.
Two other crew members did not survive.
Despite the incident being in Indonesian waters, Australia took control of the rescue.
In sentencing, Judge Patrick O'Neal said the vessel was overloaded, did not have any safety equipment onboard, and the passengers had life jackets that were not suitable for being on the open sea.
Suggesting the vessel was completely unfit for passengers, he said if such a vessel had been shipping sheep or cattle, people would have protested in the port of Fremantle.
The judge noted that witnesses testified they were fearful sitting on the deck of the boat even before any problem arose.
Justhen was a deckhand but Djara had a greater responsibility as the second in charge after the captain, Judge O'Neal said.
He said although they were not educated, neither offender was a simpleton or fool.
Speaking to Djara, Judge O'Neal said the vessel was grossly overloaded and unstable.
"The effect of that instability would have been obvious to any sailor and it was obvious to you," he said.
"The people you were transporting were not sailors and that also would have been obvious."
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