The prospect of deportation following automatic visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) is a relevant mitigating factor in sentencing, but it will not lead to a reduction in sentence where the offending is very serious and the sentences imposed are already very moderate. Allouch v The Queen [2018] VSCA 244 was a 'very special case' turning on the Crown's concession that a sentence below 12 months would have been imposed had the sentencing judge known of the offender's immigration status, and does not alter the general approach established in Guden v The Queen.
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