Where a federal offence carries a mandatory minimum sentence, the statutory minimum and maximum define the sentencing range within which the judicial discretion operates. The minimum is not reserved for cases with all mitigating factors present, nor should a sentencing judge first determine an appropriate sentence ignoring the minimum and then adjust upward. A compression of sentences towards the lower end of the range is an accepted consequence of mandatory minimums. For people smuggling offences under s 232A, proof of the fault elements of knowledge and intention as to the bringing of passengers to Australia itself negates the defence of mistake under s 9.1 of the Criminal Code Act 1995 (Cth), making a separate direction on mistake unnecessary.
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