In Western Australia, the prospect of deportation from Australia remains, without more, an irrelevant sentencing consideration, notwithstanding the introduction of the mandatory visa cancellation regime under s 501(3A) of the Migration Act 1958 (Cth). The WASCA declined to follow the Victorian approach in Guden v The Queen that treats deportation prospect as potentially mitigatory. The court's sentencing discretion is not appropriately exercised by reference to predictions about how discretionary administrative powers under the Migration Act may be exercised after sentence is imposed.
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