Immigration Mandatory Minimum Scorned in Australia

We all know how it works:  legislators get upset about some sensational or controversial crime and create a "get tough" mandatory minimum sentence for it.  One of these hot-button crimes du jour is illegal immigration.  It's a topic that raises strong emotions on all sides, but are mandatory minimum sentences really a good idea for these offenses?

In Australia, 62% of the readers of the Sydney Morning Herald appear to say no (at least, the figure was 62% when we responded to the unscientific poll).  This brief article describes a judge's resistance to imposing a five-year mandatory minimum sentence on a "people smuggler" who earned less than $500 for bringing 20 Afghani refugees into Australia.  (In the U.S., a similar offense would carry a three-year mandatory minimum.)  Here's the skinny:

The court heard [the defendant] Hasim had agreed to make the journey after being approached by organisers in Indonesia.

He was paid less than AU$500 for his role.

Defence barrister Catherine Morgan told the court Hasim was illiterate, and had agreed to the job so he could to help his mother and sister, for whom he was the sole provider.

Judge Martin agreed Hasim's personal circumstances made him as desperate and as vulnerable to exploitation as the refugees on his boat.

"The reward for the passengers was some chance of living in Australia, while your reward for this risky voyage was, it seems, approximately $480," Judge Martin said.

"It's blindingly obvious that you had no understanding of the true consequences of your conduct."

Judge Martin imposed the five-year term, but said the penalty did not reflect the facts of the case.

"Commonly savage penalties are being imposed upon the ignorant, who are simply being exploited by organisers - you are one such person," he said.

"It's obvious that the legislation imposing a minimum mandatory penalty deprives a court from exercising a full and proper sentencing discretion in cases such as this."

Illegal immigration is a hot-button topic everywhere.  This international example shows that mandatory minimum sentences for immigration offenses produce unjust and irrational results -- just like mandatory minimums for any other crime.