I'm not aware that this particular offence has been recently charged. Obviously, if and when it were to be prosecuted, then it would be incumbent upon the court to define or interpret the particular mens rea requirements of this offence provision.
I would reiterate, the general principle being applied here is that the offence provision that Parliament has stipulated is called the threshold of five years, and would constitute by definition, under section 2 of the act, a serious offence.
That is the policy basis upon which this clause 75 provision is presented.