In the ACT, the risk of deportation may be taken into account in sentencing as a factor making imprisonment more burdensome, but an otherwise appropriate sentence must not be reduced to avoid the risk of deportation, and the weight given to denunciation and recognition of harm must not be diminished. Deportation need not be certain before it may be considered; uncertainty about whether visa cancellation will be revoked is itself a matter weighing on the offender's mind. For sexual intercourse without consent under s 54(1), the absence of aggravating features that would constitute separate, more serious offences (such as violence, threats, or offending in company) does not reduce the seriousness of the base offence, by operation of the De Simoni principle.
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