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People smugglers sentenced in Perth court

Two people smugglers have been sentenced in Perth to more than three years behind bars.

But with time already served, they are both expected to return to immigration detention.

Barkat Ali Wahide, 32, and Sayed Shahid Ali, 38, were each sentenced to three years and six months jail in the Perth District Court on Monday for facilitating the entry of unlawful non-citizens into Australia.

Having already spent two years and five months in custody, they were released on a $2000 recognisance for 12 months and will likely return to an immigration detention centre.

Wahide and Ali were among 144 asylum seekers on board SIEV 326, which was intercepted by Australian naval officers about 70 nautical miles (130km) north of Christmas Island on May 6, 2012.

Both men were last month found guilty of people smuggling after two passengers testified to paying them money to come by boat to Australia.

Judge Mark Herron said Wahide had agreed to help people smugglers in exchange for a place on the boat because he did not have enough money to pay them.

Judge Herron said Wahide's role in the operation was likely as low-level scout or agent who collected money from passengers.

But Ali's involvement was significantly higher because he had knowledge of when the boat was travelling and some financial gain from his participation, the judge said.

In sentencing them, Judge Herron said although both men had fled to Indonesia from Pakistan to escape persecution, the need to deter others from people smuggling gave less weight to any personal mitigating circumstances.

He said people smuggling endangered the health and safety of those intending to come to Australia, imposed a financial burden on government resources and threatened the orderly administration of immigration laws.