For people smuggling offences where the offender occupies a high-level organisational role, sentences merely one year above the mandatory minimum penalty are manifestly inadequate. The respondent's sentences were increased from 6, 6 and 8 years to 8, 8 and 11 years respectively, with the total effective sentence increased from 12 to 14 years and the non-parole period from 7 years 3 months to 9 years. The case confirms that the hierarchy of culpability — from crew members at the bottom to organisers at the top — is a critical factor in determining where an offence falls in the range between the mandatory minimum and maximum penalties.
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