A sentence for aggravated burglary in a domestic violence context that is comparable to sentences imposed for significantly more serious offending (involving premeditation, weapons, and extreme violence as in Meyers) is manifestly excessive. The prospect of mandatory visa cancellation and deportation under s 501(3A) of the Migration Act 1958 (Cth) is highly relevant to sentencing where the offender is a non-citizen, both because of the uncertainty it creates and because deportation constitutes an additional punishment. Failure to put immigration status before the sentencing judge may be a matter of real significance on appeal.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.