A sentence of imprisonment is not an inevitable result of a finding of guilt for people smuggling under s 233A of the Migration Act 1958 (Cth), though it will ordinarily be necessary to impose an actual custodial term given the importance of general deterrence. A sentencing judge must not blindly fix a sentence equal to time served without giving distinct consideration to whether that represents an appropriate sentence in all the circumstances. A deliberate decision to file an appeal out of time, even on legal advice and for understandable reasons, will not constitute special and substantial reasons for extending time.
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