The Kable/Forge doctrine concerning institutional integrity of State courts does not provide a basis for challenging the constitutional validity of Commonwealth mandatory minimum penalty provisions such as s 233C of the Migration Act. The High Court's decision in Palling v Corfield, upholding legislation that fixed a penalty with no judicial discretion at all, forecloses arguments that mandatory minimum penalties are beyond Commonwealth legislative power. The correct sentencing approach for offences under s 232A with mandatory minimums under s 233C is as stated in Bahar v The Queen: the statutory minimum and maximum are the floor and ceiling within which general sentencing principles apply.
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