The nature of any offence is determined by the courts and this offence is very broad in scope. In other words, the crime may have been committed under a variety of circumstances.
If a mandatory minimum penalty is applicable, a judge cannot take all the circumstances into consideration in determining the penalty, even if that judge wanted to impose a sentence that was less severe than the minimum penalty. As the Supreme Court determined in the Nur decision, one of the solutions to the issue of the constitutionality of mandatory minimum penalties is reducing the scope of the offence.