Under s 233C(1) of the Migration Act 1958 (Cth), the mandatory minimum sentence applies unless it is positively established on the balance of probabilities that the offender was under 18; a positive finding that the offender was over 18 is the necessary corollary of a failure to establish the offender was under 18, and does not engage the beyond reasonable doubt standard applicable to aggravating sentencing facts. The question of whether the burden of proof under s 233C(1) falls on the offender or the Crown was left open.
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