Where deportation is raised as a mitigating factor in sentencing, the offender must adduce proof that deportation will in fact constitute a hardship; the sentencing court cannot be asked to speculate about the prospect or impact of deportation. A five year head sentence with parole eligibility after two years is within the appropriate range for armed robbery by a young adult offender with an extensive criminal history and poor rehabilitation prospects.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.