The Bahar approach to statutory minimum penalties applies by analogy to State offences under s 401(4)(b) of the Criminal Code (WA): the statutory minimum is to be imposed for the least serious category of case, and the sentencing discretion operates within the floor (minimum) and ceiling (maximum) penalties. An increase in the mandatory minimum penalty is an indication that sentences should be increased across all categories of offending, not merely at the lower end. Both the nature of the crime and the circumstances of the offender are relevant to determining whether a case falls in the least serious category.
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