The prospect of indefinite immigration detention following completion of sentence is an important and significant mitigating factor in sentencing, particularly where the offender is a refugee who cannot be returned to their country of origin. Sentences for rape in Victoria have been increasing incrementally since DPP v Dalgliesh, though not as dramatically as for incest. A sentence of 8 years and 6 months for a serious rape committed in company, with significant mitigating factors including early plea, genuine remorse, youth, good character, and prospect of immigration detention, is at the bottom of but within the available range.
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