The correct approach to sentencing for people smuggling offences under s 233C of the Migration Act is that the mandatory minimum penalty is the floor of the sentencing range, not a default sentence to be imposed unless aggravating factors are present. Sentences imposed using the erroneous methodology (determining the appropriate sentence ignoring the minimum, then adjusting upward) are of limited comparative value. General deterrence remains a very significant consideration in people smuggling cases regardless of the offender's personal motivation.
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