Hague v The Queen

The appellant, Hague, was convicted of dangerous driving causing death and appealed against his sentence. The primary judge had sentenced the appellant to three years' imprisonment with a non-parole period of 18 months, but did not take into account the prospect of deportation upon release from custody. The High Court allowed the appeal and remitted the matter to the Court of Appeal for resentencing.

The central legal issue in the appeal was whether the prospect of deportation, which was not considered by the primary judge, could be taken into account in the sentencing exercise. The court examined whether the prospect of deportation constituted an extra-curial punishment and added to the burden of imprisonment. The court also considered whether the Parole Board's practice in respect of non-citizen prisoners could be taken into account in sentencing.

The court held that the prospect of deportation constituted an extra-curial punishment and added to the burden of imprisonment. The court found that the prospect of deportation was a relevant consideration in sentencing, as it could significantly impact the appellant's life after release from custody. The court also held that the Parole Board's practice in respect of non-citizen prisoners could be taken into account in sentencing, as it reflected the likelihood of deportation. The court applied Guden v The Queen, R v Nguyen, and Worboyes v The Queen to reach its decision.

The High Court allowed the appeal and remitted the matter to the Court of Appeal for resentencing. The Court of Appeal subsequently resentenced the appellant to three years' imprisonment with a non-parole period of 18 months, taking into account the prospect of deportation. The court held that the prospect of deportation added to the burden of imprisonment and was a relevant consideration in sentencing. The court also held that the Parole Board's practice in respect of non-citizen prisoners could be taken into account in sentencing, as it reflected the likelihood of deportation.