Tufue v The King

[2024] VSCA 22

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Application for leave to appeal
4. › Deportation as sentencing consideration
5. › Whether error in approach to considering risk of deportation under Migration Act
6. › Whether sentencing court may artificially lower sentence to avoid mandatory visa cancellation
7. › Migration Act 1958 (Cth), ss 501(3A)(a)(i), (6)(a), (7)(c), 501CA(4)
1. Criminal Law
2. › Sentence
3. › Application for leave to appeal
4. › Manifest excess
5. › Whether insufficient weight given to Renzella time and pleas of guilty
6. › Sentencing Act 1991 (Vic), ss 6AAA, 18, 44
1. Criminal Law
2. › Sentence
3. › Pre-sentence detention
4. › Renzella time
5. › Whether time spent in custody on other charges to be taken into account
6. › Manner in which Renzella time is to be taken into account

Quick Take

Non-citizen offenders' representatives must ensure the sentencing court does not construct the sentence to avoid deportation consequences, and must ensure deportation risk is addressed only through the two permissible Guden pathways.

Case Details

Citation[2024] VSCA 22

CourtVSCA

JurisdictionVictoria

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Cited by9

2026DPP v NeveuVCC 798
2026Cini v The KingVSCA 86
2025Rezaee v The KingVSCA 237
2025Leslie v The KingVSCA 13
and 5 more after sign-in

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