The Australian Government has declined to comment on a judge's recommendation to show mercy for a people smuggler who was sentenced to eight years' jail yesterday.

In her judgement, Northern Territory Supreme Court Judge Judith Kelly said mandatory sentencing provisions were forcing her to deliver a sentence "completely out of kilter" with other penalties imposed by the court.

Justice Kelly said if it was not for mandatory sentencing laws, she would not have handed down a sentence "anywhere near that severe".

Edward Nafi was sentenced to eight years in prison with a minimum non-parole period of five years for bringing a boatload of asylum seekers to Australia.

Justice Kelly said she thought Nafi should serve only 18 months in jail and recommended the Federal Government show mercy.

She said the 58-year-old Indonesian man was motivated by desperate poverty and the sentence would probably have an extreme effect on his dependent wife and daughter.

Justice Kelly recommended Attorney-General Robert McClelland exercise his prerogative to extend mercy to Nafi after 18 months.

However, a government spokesman says any such power lies with the Federal Justice Minister and that he would not be commenting on the matter.

Prominent human rights lawyer Julian Burnside says the Government should listen to judges who say mandatory sentencing is forcing them to give unfair sentences to people smugglers.

Four Territory Supreme Court judges have made similar comments, including the chief justice.

Mr Burnside says the judges' opinions are significant.

"If judges are complaining about the sentences they have to impose, then I think any government which is subject to those criticisms ought to listen," he said.