VIC Advice/experience on upcoming arrest fraud/theft from employer

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

lpt88

Well-Known Member
22 March 2019
16
0
71
Deportation not relevant. Your case will be heard by a Magistrate. As you already have a lawyer they will be in the best position to advise you.

I will most definately discuss with my lawyer. However I find it surprising that you and the initial responder believe that deportation is not relevant.

According to the national judicial college of Australia, while some states do not consider deportation a relevant sentencing factor, Victoria is one of 2/3 states that do.

2.2 Jurisdictions where deportation held to be a relevant sentencing factor
2.2.1 Victoria
In Victoria, courts have held that the offender’s prospects of deportation is a relevant sentencing factor.


Again, I could be wrong in what I have researched.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
335
57
794
Victoria
lawtap.com
Firstly, the courts have said that it is only speculative so who knows. Secondly, even if 100% ie a long gaol sentence it may depend on where you will be sent to (USA or Nigeria). Anyway your sentence will be less than 12 months.