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Director of Public Prosecutions (Cth) v Warner (a pseudonym)

Director of Public Prosecutions (Cth) v Warner (a pseudonym)

Case [2023] VCC 803

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AGLC: Director of Public Prosecutions (Cth) v Warner (a pseudonym) [2023] VCC 803
Case: [2023] VCC 803
Decision Date: 17 May 2023

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Director of Public Prosecutions (Cth) v Warner (a pseudonym) [2023] VCC 803

Cases Citing This Decision

Cases Cited

Statutory Material Cited

R v Taylor [2022] NSWCCA 256
Citation 1

…ich was conducted on 21 April 2023. [17] R v Delzotto [2022] NSWCCA 117. [18] Hurt v The Queen [2022] ACTCA 49; 18 ACTLR 272. [19] Rex v Taylor [2022] NSWCCA 256 (‘ Taylor’ ) 66Two approaches to this legislation have been identified in the cases, and this explains why the matter has headed to the High Court. Those t…
Hurt v The Queen [2022] ACTCA 49
Citation 2

…the brief transcript of the leave application which was conducted on 21 April 2023. [17] R v Delzotto [2022] NSWCCA 117. [18] Hurt v The Queen [2022] ACTCA 49; 18 ACTLR 272. [19] Rex v Taylor [2022] NSWCCA 256 (‘ Taylor’ ) 66Two approaches to this legislation have been identified in the cases, and this explains w…
Glasheen v R [2022] NSWCCA 191
Citation 3

…[23] Glasheen v The Queen [2022] NSWCCA 191. 74I must in this case, of course, have regard to the non-exhaustive list of matters in s16A(1) and (2) as well as such common law principles as I am required to take into account. Also s16A(2AAA). That is for the Federal sentencing exercise. 75I must take into account the…
R v Delzotto [2022] NSWCCA 117
Citation 4

…into next year in any event. I have read the brief transcript of the leave application which was conducted on 21 April 2023. [17] R v Delzotto [2022] NSWCCA 117. [18] Hurt v The Queen [2022] ACTCA 49; 18 ACTLR 272. [19] Rex v Taylor [2022] NSWCCA 256 (‘ Taylor’ ) 66Two approaches to this legislation have been ident…
Worboyes v The Queen [2021] VSCA 169
Citation 5

…he global pandemic. Your case is not part of that backlog. A guilty plea is especially valuable in such a setting as this. [8] Worboyes v The Queen [2021] VSCA 169. 38I take into account that you made some admissions and co-operated to a degree with the police, but that was not a strong point on the plea. I also t…
DPP v Herrmann [2021] VSCA 160
Citation 6

…ich I must, and I do, take into account. [5] Bugmy v The Queen [2013] HCA 37; 249 CLR 571. [6] Marrah v The Queen [2014] VSCA 119. [7] DPP v Herrmann [2021] VSCA 160. 30Your criminal history is of real significance to my task, so too your conduct in the course of the supervision order which has given rise to furth…
Brown v The Queen [2020] VSCA 212
Citation 7

…een [2011] HCA 39 (5 October 2011); (2011) 244 CLR 120). [3] [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins '). [4] Daylia Brown v The Queen [2020] VSCA 212; 62 VR 491 (' Brown' ). 17Mr Kenny, in his written and oral submissions, informed me as to your family, educational and work history. He made some su…
Jason Mammoliti v The Queen [2020] VSCA 52
Citation 8

…ssions. I have looked also at a Victorian case of Mammoliti ,[16] though it did not deal with this provision either. [16] Mammoliti v The Queen [2020] VSCA 52. 65I have read the cases of Delzotto ,[17] Hurt [18] and Taylor .[19] Delzotto and Hurt have been the subject of a grant of special leave in the High Court…
Innes v R [2018] NSWCCA 90
Citation 9

…te a susceptible recipient into acts targeting real children, see the cases of Innes ,[10] Meadows , [11] and also Hancock .[12] [10] Innes v R [2018] NSWCCA 90; 272 A Crim R 351. [11] Meadows v The Queen [2017] VSCA 290. [12] The Queen v Hancock [2011] NTCCA 14. 56Your non-compliance with your reporting obligation…
Meadows v The Queen [2017] VSCA 290
Citation 10

…see the cases of Innes ,[10] Meadows , [11] and also Hancock .[12] [10] Innes v R [2018] NSWCCA 90; 272 A Crim R 351. [11] Meadows v The Queen [2017] VSCA 290. [12] The Queen v Hancock [2011] NTCCA 14. 56Your non-compliance with your reporting obligations was plainly deliberate, and you are a repeat offender. It…
DPP (Cth) v Garside [2016] VSCA 74
Citation 11

…for purposes of sale or distribution and whether there was any profit in play. This is, by the way, not an exhaustive list. [9] DPP (Cth) v Garside [2016] VSCA 74 53General deterrence is of paramount consideration in this area. Specific deterrence, denunciation punishment and protection of the community are also…
Marrah v The Queen [2014] VSCA 119
Citation 12

…level of functioning is something which I must, and I do, take into account. [5] Bugmy v The Queen [2013] HCA 37; 249 CLR 571. [6] Marrah v The Queen [2014] VSCA 119. [7] DPP v Herrmann [2021] VSCA 160. 30Your criminal history is of real significance to my task, so too your conduct in the course of the supervision…
The Queen v Putra Hendra [2014] ACTSC 102
Citation 13

…y way engage any of the principles from the cases of Muldrock ,[2] Verdins [3] or Brown .[4] [2] Muldrock v The Queen [2011] HCA 39 (5 October 2011); (2011) 244 CLR 120). [3] [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins '). [4] Daylia Brown v The Queen [2020] VSCA 212; 62 VR 491 (' Brown' ). 17Mr Kenny, in…
Bugmy v The Queen [2013] HCA 37
Citation 14

…account as far as I am able to. Likewise, your low level of functioning is something which I must, and I do, take into account. [5] Bugmy v The Queen [2013] HCA 37; 249 CLR 571. [6] Marrah v The Queen [2014] VSCA 119. [7] DPP v Herrmann [2021] VSCA 160. 30Your criminal history is of real significance to my task,…
DPP (Cth) v Haidari [2013] VSCA 149
Citation 15

…g. [13] Bahar v The Queen [2011] WASCA 249; 45 WAR 100 (' Bahar' ). [14] Atherden v Western Australia [2010] WASCA 33. [15] DPP (Cth) v Haidari [2013] VSCA 149; 230 A Crim R 134. 63Since then, a number of courts have considered the actual provisions that I am dealing with. 64I have read all the cases that I have b…
The Queen v Hancock [2011] NTCCA 14
Citation 16

…1] and also Hancock .[12] [10] Innes v R [2018] NSWCCA 90; 272 A Crim R 351. [11] Meadows v The Queen [2017] VSCA 290. [12] The Queen v Hancock [2011] NTCCA 14. 56Your non-compliance with your reporting obligations was plainly deliberate, and you are a repeat offender. It was between dates and rolled up a number o…
Bahar v The Queen [2011] WASCA 249
Citation 17

…was approved in the Victorian case of Haidari, [15] which dealt with a different provision related to people smuggling. [13] Bahar v The Queen [2011] WASCA 249; 45 WAR 100 (' Bahar' ). [14] Atherden v Western Australia [2010] WASCA 33. [15] DPP (Cth) v Haidari [2013] VSCA 149; 230 A Crim R 134. 63Since then, a num…
Muldrock v The Queen [2011] HCA 39
Citation 18

…relying on that report to in any way engage any of the principles from the cases of Muldrock ,[2] Verdins [3] or Brown .[4] [2] Muldrock v The Queen [2011] HCA 39 (5 October 2011); (2011) 244 CLR 120). [3] [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins '). [4] Daylia Brown v The Queen [2020] VSCA 212;…
Atherden v The State of Western Australia [2010] WASCA 33
Citation 19

…erent provision related to people smuggling. [13] Bahar v The Queen [2011] WASCA 249; 45 WAR 100 (' Bahar' ). [14] Atherden v Western Australia [2010] WASCA 33. [15] DPP (Cth) v Haidari [2013] VSCA 149; 230 A Crim R 134. 63Since then, a number of courts have considered the actual provisions that I am dealing with.…
R v Verdins [2007] VSCA 102
Citation 20

…rinciples from the cases of Muldrock ,[2] Verdins [3] or Brown .[4] [2] Muldrock v The Queen [2011] HCA 39 (5 October 2011); (2011) 244 CLR 120). [3] [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins '). [4] Daylia Brown v The Queen [2020] VSCA 212; 62 VR 491 (' Brown' ). 17Mr Kenny, in his written and oral…
DPP v Aydin and Kirsch [2005] VSCA 86
Citation 21

…rst class of offence. Well, when dealing with any of the offences with a mandatory minimum, I have a floor and a ceiling. [24] DPP v Aydin and Kirsch [2005] VSCA 86. 82In the Commonwealth sentencing exercise, I must not sail below the floor of four years other than in a setting encompassed by s16AAC. 83In the Sta…
Brown v the Queen [1986] HCA 11
Citation 22

…(5 October 2011); (2011) 244 CLR 120). [3] [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins '). [4] Daylia Brown v The Queen [2020] VSCA 212; 62 VR 491 (' Brown' ). 17Mr Kenny, in his written and oral submissions, informed me as to your family, educational and work history. He made some submissions a…
Hili v The Queen; Jones v The Queen [2010] HCATrans 248
Citation 23

…schemes which apply in relation to Charges 1 and 2, but they are not concerned with issues of parole. I am not dealing with any mandatory [25] [2010] 242 CLR 520. non-parole period provision or any of the specific Federal offences where a particular minimum parole ratio is specified. It follows that I must app…

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