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Obian v The King
[2023] VSCA 18
Citation 1
…ic) Cases Cited: DPP v George Marrogi [2022] VSC 210; Lowe v The Queen (1984) 154 CLR 606; R v Mangelen (2009) 23 VR 697; Obian v The Queen [2023] VSCA 18; Quah v The Queen [2021] VSCA 164; Gregory v The Queen 2017] VSCA 151. Sentence: George Marrogi – Total effective sentence of 22 years; new State non-parole pe…
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Ahmed Mohamed v The Queen
[2022] VSCA 136
Citation 2
(Para 65)
…ality if it is a ‘just and appropriate measure of the total criminality involved’.[47] [47] Mohamed [2022] VSCA 136 at [65], reference omitted. 106The difficulty of doing this is illustrated by a case where an offender had committed a number of offences within a short period of time in different States. The High C…
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Worboyes v The Queen
[2021] VSCA 169
Citation 3
…e a greater than usual utilitarian benefit due to the continued backlog of trials in our courts caused by the pandemic.[20] [20] Worboyes v The Queen [2021] VSCA 169. 81Mr Marrogi is 34 years old and Ms Mannnella is 29 years old. While not youthful offenders, they are relatively young and both have the bulk of the…
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Quah v The Queen
[2021] VSCA 164
Citation 4
…rogi [2022] VSC 210; Lowe v The Queen (1984) 154 CLR 606; R v Mangelen (2009) 23 VR 697; Obian v The Queen [2023] VSCA 18; Quah v The Queen [2021] VSCA 164; Gregory v The Queen 2017] VSCA 151. Sentence: George Marrogi – Total effective sentence of 22 years; new State non-parole period of 33 years. Section 6AAA – 3…
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Azzopardi v R
[2019] NSWCCA 306
Citation 5
(Para 405)
…aw, confinement for 20 years is more than double confinement for 10 years. [42] Obian [2023] VSCA 18 at [405]. [43] (2011) 35 VR 43 at [62]. 104An additional question of the application of the totality principle arises in relation to Mr Marrogi. The principle of totality must also be applied having regard to the v…
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Berry v The Queen
[2019] VSCA 291
Citation 6
(Para 22)
…roportionate to the degree of criminality involved and is “just and appropriate” and “not excessive”’.[39] [39] See Berry v The Queen [2019] VSCA 291 at [22] and the cases there cited. 102Importantly for present purposes, the courts have ‘repeatedly said that they do not wish to impose upon offenders sentences tha…
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Gregory (a pseudonym) v The Queen
[2017] VSCA 151
Citation 7
…te offence) the large commercial quantity threshold; and the offender (in the case of Mr Marrogi) was in charge of the trafficking business. [27] [2017] VSCA 151. [28] [2017] VSCA 151 at [98]. 88 Gregory pre-dated the standard sentence regime introduced by sections 5A and 5B of the Sentencing Act 1991 (Vic). In th…
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DPP (Cth) v Brown
[2017] VSCA 162
Citation 8
…it is not entirely irrelevant in the case of Mr Marrogi although it is necessarily of lesser concern than general and specific deterrence. [36] [2017] VSCA 162. [37] [2017] VSCA 162 at [9]. 96I am required to sentence each offender in accordance with the applicable legislative requirements. In relation to the Stat…
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DPP (Cth) v Maxwell
[2013] VSCA 50
Citation 9
(Para 69)
…lear that Ms Mannella was discussing the same matters with the others involved in the importation. [7] Cf. Nguyen v R (2011) 31 VR 673 at [69]. 48She therefore falls into a category of offender that is lower than the ultimate principal but a person who plays a ‘key role’ in each operation. I accept the description…
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Pavicevic v The Queen
[2010] ACTCA 25
Citation 10
…Act 1991 (Vic); Drugs, Poisons and Controlled Substances Act 1981 (Vic) Cases Cited: DPP v George Marrogi [2022] VSC 210; Lowe v The Queen (1984) 154 CLR 606; R v Mangelen (2009) 23 VR 697; Obian v The Queen [2023] VSCA 18; Quah v The Queen [2021] VSCA 164; Gregory v The Queen 2017] VSCA 151. Sentence: George Marrog…
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R v Males
[2007] VSCA 302
Citation 11
(Para 24)
…hy an offender is in restrictive or protective custody. [17] R v ZMN (2002) 4 VR 537 at [24]; The Queen v Males [2007] VSCA 302 at [36] and [49]; R v Bangard (2005) 13 VR 146 at [14]. 68I accept that Ms Mannella’s predicament in jail is dire. I also accept that this is likely to continue for the foreseeable future…
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R v Verdins
[2007] VSCA 102
Citation 12
…ntal health’. This enlivens limb 6 of the Verdins[10] principles and is to be reflected in a moderation of her sentence. [10] (2007) 16 VR 269. 57However, I do not accept her counsel’s submission that the evidence before the court provides a basis for a reduction in Ms Mannella’s moral culpability due to the applic…
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R v Bangard
[2005] VSCA 313
Citation 13
(Para 36)
…custody. [17] R v ZMN (2002) 4 VR 537 at [24]; The Queen v Males [2007] VSCA 302 at [36] and [49]; R v Bangard (2005) 13 VR 146 at [14]. 68I accept that Ms Mannella’s predicament in jail is dire. I also accept that this is likely to continue for the foreseeable future and perhaps for the entire length of her sente…
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Lowe v The Queen
[2005] NZCA 178
Citation 14
…(Cth); Sentencing Act 1991 (Vic); Drugs, Poisons and Controlled Substances Act 1981 (Vic) Cases Cited: DPP v George Marrogi [2022] VSC 210; Lowe v The Queen (1984) 154 CLR 606; R v Mangelen (2009) 23 VR 697; Obian v The Queen [2023] VSCA 18; Quah v The Queen [2021] VSCA 164; Gregory v The Queen 2017] VSCA 151. Sentence: G…
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R v ZMN
[2002] VSCA 140
Citation 15
(Para 24)
…ce before the court. One consideration is why an offender is in restrictive or protective custody. [17] R v ZMN (2002) 4 VR 537 at [24]; The Queen v Males [2007] VSCA 302 at [36] and [49]; R v Bangard (2005) 13 VR 146 at [14]. 68I accept that Ms Mannella’s predicament in jail is dire. I also accept that this is li…
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Bekink v The Queen
[1999] WASCA 160
Citation 16
…me case, Heenan J identified a number of practical difficulties associated with adopting such an approach.[16] [14] [1999] WASCA 160. [15] [1999] WASCA 160 at [24]. [16] [1999] WASCA 160 at [31]. 67I accept that an offender is ‘plainly entitled to have the fact that [her or his] period of incarceration would be spe…
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Postiglione v the Queen
[1997] HCA 26
Citation 17
…[48] Mill v The Queen (1988) 166 CLR 59. [49] (1988) 166 CLR 59 at 66. [50] (1988) 166 CLR 59 at 67; Postiglione v The Queen (1997) 189 CLR 295 at 338. 107Although the present circumstances differ from those the High Court considered in Mill, the complexity of the task faced by this court is illustrated by the observ…
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Mill v The Queen
[1988] HCA 70
Citation 18
…[48] Mill v The Queen (1988) 166 CLR 59. [49] (1988) 166 CLR 59 at 66. [50] (1988) 166 CLR 59 at 67; Postiglione v The Queen (1997) 189 CLR 295 at 338. 107Although the present circumstances differ from those the High Court considered in Mill, the complexity of the task faced by this court is illustrated by the obser…
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Director of Public Prosecutions v Marrogi
[2022] VSC 210
Citation 19
…Crimes Act 1914 (Cth); Sentencing Act 1991 (Vic); Drugs, Poisons and Controlled Substances Act 1981 (Vic) Cases Cited: DPP v George Marrogi [2022] VSC 210; Lowe v The Queen (1984) 154 CLR 606; R v Mangelen (2009) 23 VR 697; Obian v The Queen [2023] VSCA 18; Quah v The Queen [2021] VSCA 164; Gregory v The Queen 20…
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R v Stojkovic
[2002] VSC 210
Citation 20
(Para 41)
…the conditions in which he is serving his sentence. As Coghlan J did, I take it into account along with other matters personal to him.[19] [19] [2002] VSC 210 at [41].…