The common law principle permitting additional offences to be taken into account in sentencing does not require each additional offence to be linked to a single identified charged offence, unlike the statutory Form 1 procedure under s 32 of the Crimes (Sentencing Procedure) Act 1999 (NSW). The prospect of deportation or mandatory visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) remains irrelevant to sentencing in NSW, even where the 2014 amendments introduced mandatory cancellation provisions. The risk of administrative removal must be more than speculative to be relevant even in jurisdictions that treat deportation as a sentencing factor.
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