A Victorian a judge has hit out at the mandatory sentences for people smuggling saying they lead to unjust outcomes

County Court Judge Mark Dean made the comments at a plea hearing for Lamis Alli Baighi, 36, of Melbourne, who was convicted of aggravated people smuggling in relation to assisting at least five family members to come to Australia illegally in 2009.

"(The case was) a good example of why mandatory sentencing has come in for so much criticism in the courts," Judge Dean said.

The jury acquitted Alli Baighi of a second charge of aggravated people smuggling and were unable to reach a verdict on a third charge of people smuggling.

Alli Baghi, an Iraqi-born Kurd who is now an Australian citizen, is facing a mandatory minimum sentence of 5 years in prison.

He must serve at least three years before being eligible for parole.