Despite amendments to the Migration Act 1958 (Cth) including mandatory visa cancellation provisions (ss 501(3A), 501CA, 501E), the approach to deportation risk in sentencing remains as stated in Guden v The Queen: the prospect of deportation is a proper matter for consideration, and the sentencing court may moderate the sentence on the basis that imprisonment will be more burdensome for a non-citizen facing deportation. A sentencing court is not entitled to predict whether a person will or will not be granted parole, or the conditions of such parole.
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