The prospect of deportation is a relevant mitigatory factor in sentencing in Queensland, approving the Victorian approach in Guden v The Queen. However, the sentencing court cannot speculate about the prospect or impact of deportation — proof that deportation will in fact be a hardship for the particular offender is required. The earlier Queensland obiter in R v S suggesting deportation is irrelevant as a matter of general application should not be followed. Under the amended Migration Act s 501(3A), deportation is now presumptive for persons serving custodial sentences of 12 months or more, but this does not relieve the offender of the burden of proving actual hardship.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
12 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.