The prospect of deportation is a relevant sentencing consideration in Victoria, not limited to the fixing of non-parole periods. It may bear on the impact of imprisonment both during incarceration and upon release, and the loss of the opportunity to settle permanently in Australia may be treated as a serious punishing consequence. However, the sentencing court cannot speculate: evidence sufficient to permit a sensible quantification of the risk of deportation and to demonstrate that deportation would in fact be a hardship is required. The statement in R v Chi Sun Tsui is confined to the statutory context of non-parole periods.
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