An offender sentenced for a Commonwealth offence is entitled to a discount for the utilitarian value of an early guilty plea, following Xiao v R. The 2014 amendments to the Migration Act inserting mandatory visa cancellation provisions (ss 501(3A) and 501CA) do not alter the long-standing NSW position that the prospect of deportation is not a relevant sentencing consideration. Even if the Victorian/Queensland approach were adopted, the risk of deportation must be assessable rather than merely speculative before it can be taken into account.
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