The totality principle operates to permit a sentencing judge to impose the mandatory minimum on a repeat people smuggling offence without cumulation where the total effective sentence would otherwise be disproportionate to the overall criminality. Where a people smuggling offence arises from a police-initiated sting operation and no actual non-citizens were at risk, these are legitimate mitigating factors that may support imposition of the mandatory minimum rather than a higher sentence. The least serious category of offending for mandatory minimum purposes is determined by reference to all relevant sentencing considerations including matters personal to the offender.
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