The Bahar approach to mandatory minimum sentences under s 236B of the Migration Act 1958 (Cth) — treating the statutory minimum as the sentence for the least serious category of offending — remains binding in NSW following Karim, but two judges of the CCA have expressed reservations about its correctness and identified tension with the High Court's reasoning in Magaming. The question whether the Bahar approach correctly construes s 236B remains open for future challenge.
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4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.