R v Hardie

[2025] QCA 24

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Single punch causing grievous bodily harm
7. › Whether sentence within range established by comparable decisions
8. › Criminal Code (Qld), s 320
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Sentence manifestly excessive or inadequate
6. › Exposure to deportation consequent upon visa cancellation not raised at sentence
7. › Whether risk of deportation warranted significant weight in sentencing
8. › Migration Act 1958 (Cth), ss 501(3A), 501CA

Quick Take

Where mandatory visa cancellation under s 501(3A) of the Migration Act 1958 (Cth) has not occurred and the Minister retains a discretion to revoke cancellation under s 501CA(4), the risk of deportation is speculative and cannot warrant the attribution of significant weight in sentencing.