The exceptional circumstances requirement for giving substantial weight to the effect of sentence on family or dependants under s 16A(2)(p) of the Crimes Act 1914 (Cth) continues to apply, following Togias and Hinton. A person who comes to Australia and commits a serious offence has limited basis for complaint about the hardship of incarceration in a foreign country, following Ferrer-Esis. A neutral finding on rehabilitation prospects is open where the offender leads no evidence and offers only an implausible explanation for the offending.
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