R v Arrowsmith

[2018] SASCFC 47

South Australia Full Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Revocation of recognisance release order
7. › Whether bringing into effect original sentence of 12 months imprisonment was manifestly excessive
8. › Crimes Act 1914 (Cth), s 20A(5)
1. Criminal Law
2. › Sentence
3. › Relevant factors
4. › Nature and circumstances of offender
5. › Deportation risk
6. › Whether prospect of deportation relevant to sentencing
7. › Whether risk of deportation assessable or merely speculative
8. › Migration Act 1958 (Cth), ss 501, 501CA
1. Criminal Law
2. › Sentence
3. › Breach of recognisance release order
4. › Sentencing options available upon breach
5. › Whether home detention order available under s 20AB of Crimes Act 1914 (Cth)
6. › Crimes Act 1914 (Cth), ss 20A(5), 20AB

Quick Take

The conflict in South Australia between R v [name withheld] (deportation risk irrelevant to sentencing) and R v [name withheld] (deportation risk relevant if assessable) remains unresolved. Where the risk of deportation is merely speculative — such as where a s 501CA revocation application is pending — it cannot be taken into account on either line of authority. The amendments making visa cancellation mandatory under s 501(3A) do not change this analysis.