The prospect of deportation is relevant to sentencing in two ways: it renders imprisonment more onerous and, if it occurs, constitutes an additional detriment by destroying the opportunity to settle permanently in Australia. However, visa cancellation and deportation do not constitute punishment for the offending and must not be treated as such; the sentence must still reflect the nature and gravity of the offending. No fixed rule governs the weight to be given to the prospect of deportation. Defence practitioners should investigate and raise immigration status issues at the sentencing hearing rather than on appeal.
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