Now who is right and what the jurisprudence indicates, escapes a layman such as myself - but am most curious to hear further ideas, opinions or links to judgements or rulings hereon.
In discussion with head of Immigration (at that time) at BNE airport (me trying to avoid a fine for my airline) I was advised that the crime is committed when the wheels touch the runway. Pax volunteered to return to country of origin to get a visa so no fine.