The prospect of deportation under s 501 of the Migration Act 1958 (Cth) is not a relevant consideration for a sentencing judge, and it is wrong to deliberately impose a lesser sentence to avoid triggering the Minister's visa cancellation power. A sentencing court should not seek to anticipate the action that another authority may take in future by adjusting the sentence to defeat, avoid or circumvent that result. The question of whether a sentence reduced on re-opening under s 188 of the Penalties and Sentences Act 1992 (Qld) would affect the Minister's power under s 501 was expressly left open.
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