Where an offender was in Australia unlawfully, resided here briefly, and desires to return to their home country, neither limb of the Guden deportation mitigation principles applies, and the prospect of deportation has little mitigatory value. Evidence of actual anxiety about deportation affecting parole prospects is required to engage the Hague line of authority; a bare submission that any prisoner in such a position would feel anxiety is insufficient. The question whether an offender's subjective perception of reduced parole prospects due to deportation risk can mitigate sentence remains open.
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