› Exceptional circumstances under s 54(2) Sentencing Act 2017 (SA)
Criminal law
› Sentencing
› Deportation as a sentencing factor
Criminal law
› Sentencing
› Hardship in custody
Quick Take
1The prospect of deportation does not constitute an exceptional circumstance warranting displacement of the serious repeat offender mandatory non-parole provisions under s 54(2) of the Sentencing Act 2017 (SA); the protective purpose of those provisions extends to any community in which the offender may reside and cannot be circumvented by an offender's stated intention to leave the jurisdiction.
2More onerous conditions of imprisonment due to language barriers and lack of familial support, while relevant sentencing factors, do not alone or in combination with financial hardship amount to exceptional circumstances sufficient to outweigh the paramount considerations of community protection and deterrence.
3Absent evidence or concession, the mere risk of deportation remains speculative and cannot materially affect the sentence otherwise to be imposed, consistent with the principle that non-citizens should not receive more lenient sentences than citizens for the same offending.
