The prospect of deportation of an offender who is an illegal non-citizen is not a matter properly to be taken into account for sentencing purposes, including as a reason for declining to set a non-parole period under s 44(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Where a sentencing judge erroneously declines to set a non-parole period on this basis, the CCA will intervene and re-sentence to afford the offender the benefit of a non-parole period, but will not increase the head sentence in the absence of a Crown cross-appeal.
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