The prospect of deportation under the Migration Act 1958 (Cth) is a proper matter for consideration in sentencing in Queensland, following Guden v R as adopted in R v UE. A sentencing judge may take into account the distinct prospect that immigration detention beyond a fixed release date would adversely affect an offender's rehabilitation, provided the sentence is not fashioned for the purpose of defeating, avoiding or circumventing the operation of the Migration Act. The observation of Street CJ in R v Chi Sun Tsui is limited to the statutory context of fixing non-parole periods and does not state a general principle that deportation prospects are irrelevant to sentencing.
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