Deportation is irrelevant as such to the sentencing process for Commonwealth offences, and courts should not tailor sentences to avoid triggering the character test under s 501 of the Migration Act 1958 (Cth). The meaning of 'probable' in s 16A(2)(p) of the Crimes Act 1914 (Cth) was not unanimously resolved: Bleby J held it means 'more likely than not', while Gray J held it encompasses plausible outcomes that are not merely fanciful. The doctrine of mercy remains a relevant sentencing consideration in exceptional circumstances, particularly where a dependent child's welfare is at stake.
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