The prospect or real chance of deportation of a non-citizen offender can be taken into account in sentencing in two permissible ways: (1) as extra-curial punishment, particularly where the offender has longstanding ties to Australia; and (2) as adding to the burden of imprisonment through anxiety about deportation. It is unnecessary for the offender's immigration status to be finally determined — a real chance of deportation suffices. The question of whether reduced parole prospects for non-citizen prisoners can be directly considered remains unresolved, but appears to confront the obstacle of s 5(2AA)(a) of the Sentencing Act 1991 (Vic).
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