The Bahar approach to mandatory minimum sentencing under ss 16AAB and 16AAC of the Crimes Act 1914 (Cth) — treating the mandatory minimum as the floor of a sentencing range — is confirmed as the applicable approach in the ACT, though with a strong dissent. The transitional provision in item 3(2) of Schedule 6 to the 2020 Amending Act operates on a binary basis: the mandatory minimum either applies to the conviction as a whole or not at all, and cannot be applied to part only of an offence. The 'relevant conduct' for the purposes of the transitional provision is the conduct element of the offence (possession), not the circumstance elements (use of a carriage service to obtain the material).
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
2 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.