Where an offender has a prior conviction for people smuggling and served as captain, the mandatory minimum non-parole period is insufficient and a non-parole period substantially in excess of the minimum is required. A head sentence exceeding the mandatory minimum does not of itself justify imposing the mandatory minimum non-parole period. The 'compression of sentences' analysis from [name withheld] v Western Australia does not apply to the Migration Act mandatory minimum regime as interpreted in Queensland.
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