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Cases Citing This Decision
3
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Director of Public Prosecutions v Merrill (a pseudonym)
[2016] VCC 1215
Citation 1
…R v Brazel (2005) 153 A Crim R 152, 159; R v Doran [2005] VSCA 271; R v CLP [2008] VSCA 113; R v Boulton [2014] VSCA 342; DPP v Okoka (Cth) [2016] VCC 172; Cameron v R [2002] HCA 6 Sentence: Total effective sentence of 5 years 3 months, 3 year non-parole period set for Commonwealth offences…
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Director of Public Prosecutions v Cabo
[2016] VCC 579
Citation 2
…Cases Cited: R v Porte [2015] NSWCCA 174; R v De Leeuw [2015] NSWCCA 183; Cameron v The Queen (2002) 209 CLR 339; CDPP v Okoko [2016] VCC 172 ; Phillips v The Queen [2012] VSCA 140…
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The Queen v Bechaz
[2016] VCC 530
Citation 3
…give you significant credit for that plea as facilitating the course of justice. I proceed on the same basis as His Honour Chief Judge Kidd in Okoka [2016] VCC 172 in giving you credit for the plea of guilty as facilitating the course of justice. You have obviated the need for a contested committal and trial. In…
Statutory Material Cited
0
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Atanackovic v The Queen
[2015] VSCA 136
Citation 1
(Para 18)
…I do not question any of the principles stated in Atanackovic v the Queen [2015] VSCA 136, 297 FLR 81 in relation to the importance of national consistency and the principle of comity in the sentencing of federal offenders. But in the circumstances raised in this matter that needs to be achieved at the appellate l…
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Barbaro v The Queen
[2014] HCA 2
Citation 2
(Para 14)
…issue does not appear to have been questioned despite reference being made to the need to recognise the utilitarian benefit in a plea.[7] [7] Barbaro [2014] HCA 2; (2014) 253 CLR 58 at [31]…
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R v Rebecca Krutsky
[2013] ACTSC 278
Citation 3
(Para 1)
…lty is confined to subjective matters. There is no discount for the objective utilitarian benefit. The High Court decision in Cameron v The Queen (2002) 209 CLR 339 is cited in support of this proposition; b)Section 16A(2)(g) of the Crimes Act 1914 (Commonwealth) provides that the “ court must take into account such…
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Barbaro v The Queen
[2012] VSCA 288
Citation 4
(Para 12)
…utilitarian value of the plea when sentencing for Commonwealth offences. Let me take one example. The case of Barbaro v The Queen Zirilli v The Queen [2012] VSCA 288 involved Commonwealth drug related offences committed by offenders who had shown very limited evidence of remorse. They received, however, a purely u…
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Phillips v The Queen
[2012] VSCA 140
Citation 5
(Para 4)
…aw was as stated by the High Court in Siganto v The Queen : [1]with whom Maxwell P agreed and Harper JA substantially agreed [2] Phillips v The Queen [2012] VSCA 140; (2012) 27 VR 594 at [37] a plea of guilty is ordinarily a matter to be taken into account in mitigation; first, because it is usually evidence of so…
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Nurses Board of Victoria v RJT
[2002] VSCA 191
Citation 6
(Para 8)
…ut of self-interest, without any concern as to whether in so doing he was facilitating the course of justice, and shows no remorse.[5] [5]See R v RND [2002] VSCA 191 at [18]; Phillips v The Queen [2012] VSCA 140; (2012) 27 VR 594 at [49]-[50]. Section 6AAA of the Sentencing Act 1991 ( Vic) was said to reinforce th…
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Cameron v the Queen
[2002] HCA 6
Citation 7
(Para 1)
…nt for a plea of guilty is confined to subjective matters. There is no discount for the objective utilitarian benefit. The High Court decision in Cameron v The Queen (2002) 209 CLR 339 is cited in support of this proposition; b)Section 16A(2)(g) of the Crimes Act 1914 (Commonwealth) provides that the “ court must take into a…
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Siganto v the Queen
[1998] HCA 74
Citation 8
(Para 4)
…at the community is spared the expense of a contested trial . The extent of the mitigation may vary depending on the circumstances of the case.[3] [3](1998) 194 CLR 656 at 663-4 [22] [emphasis added]…