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Foley v The Queen [2019] VSCA 99

appeal against sentence — attempting to possess commercial quantity of unlawfully imported border controlled drug — original sentence imposed 7 years’ and 6 months imprisonment with 5 year non-parole period — deportation — offender submitted sentencing discretion miscarried as a consequence of the fact, and implications, of the offender’s inevitable deportation upon completion of sentence — as counsel having mentioned likelihood of deportation and sentencing judge noted offender ‘will be deported’, it is unlikely that judge failed to take well-known consequences of prospect of deportation into account — must be recognised when considering that the prospect of deportation, applicant’s service of sentence in ‘foreign’ country and that offender may not be able to receive visits from partner, it is significant that offender will neither be imprisoned in environment with entirely alien culture and language nor be liable upon completion of sentence to be deported to dangerous, hostile or unknown country — leave to appeal against sentence refused
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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