Where the ultimate outcome of a deportation process under the Migration Act is speculative on the evidence before the sentencing court, the sentencing judge is not required to determine the likelihood of deportation on the balance of probabilities; it is sufficient to recognise the real risk of deportation as making imprisonment more burdensome. Armed robberies targeting 'soft targets' such as milk bars and convenience stores continue to be regarded as deserving stern punishment with general deterrence as a primary consideration.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.