The Bahar approach to mandatory minimum sentencing applies to the new Commonwealth child sex offence mandatory minimum regime in ss 16AAA-16AAC of the Crimes Act 1914 (Cth), treating the minimum as a guidepost establishing the floor of a proportionate sentencing range, though the correctness of this approach is doubted. The transitional provision in item 3 of Part 1 of Schedule 6 of the 2020 Amending Act requires that ALL conduct constituting the offence — including the use of a carriage service to obtain material — occurred after 23 June 2020 for the mandatory minimum regime to apply, meaning the regime applies only to material obtained after that date. The discount provisions in s 16AAC(2)-(3) are not limited to cases where the minimum penalty is imposed.
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