The prospect of deportation is a relevant sentencing factor that must be taken into account for non-citizen offenders, even where counsel fails to raise it at the sentencing hearing, provided the failure was due to inadvertence rather than forensic choice. In assessing deportation risk, sentencing courts should consider whether the sentence would trigger a discretionary or mandatory visa cancellation under s 501 of the Migration Act 1958 (Cth). However, the prospect of deportation cannot control or dictate the sentencing outcome — it would be an error to impose an otherwise inappropriate sentence to avoid triggering the Migration Act provisions.
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