Tony McKEON-MULLER v The Queen
[2018] VSCA 199
Citation 1
(Para 68)
…you have been in custody since 26 July 2017 is available to be declared as time served under s.18(1) of the Sentencing Act . He relied on Younger [2018] VSCA 199 at [68]-[70]. Alternatively, if I do not consider it appropriate to declare some or all of the time served as pre-sentence detention, I ought moderate th…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 2
…rd to current sentencing practices in determining the sentence, so I note the guidance of the High Court in DPP v Dalgliesh (a pseudonym) [2017] HCA 41 that current sentencing practices are one of the many factors that must be taken into account in sentencing. 121Dr FitzGerald submitted that the lower profits as…
DPP (Cth) v Maxwell
[2013] VSCA 50
Citation 3
…a more profitable substance is not present. Dr FitzGerald relied on data from the Illicit Drug Data Report, 2016 to 2017, p.156, and on DPP v Maxwell [2013] VSCA 50; in particular, on the proposition that “ the financial reward received or anticipated by the offender is relevant to the objective gravity of the of…
DPP v TY (No 2)
[2009] VSCA 226
Citation 4
…43The prosecution does not seek a disproportionate sentence on community protection grounds. 44I have had regard to Younger , Broad and DPP v Ty [2009] VSCA 226. I am not persuaded that Younger supports the approach of declaring some or all of the time you have spent on remand for these offences while serving sen…
R v Verdins
[2007] VSCA 102
Citation 5
…ted charges – offending occurred in the context of drug addiction Legislation Cited: Sentencing Act 1991 Cases Cited: Verdins; Buckley; Vo [2007] 16 VR 269…
Director of Public Prosecutions v Allouche
[2018] VCC 1038
Citation 6
…nvolved 66.2 kilograms of 1,4-butanediol. An aggregate term of imprisonment of five years and nine months was imposed. 124 DPP v Allouche [2018] VCC 1038 involved the trafficking of 42 kilograms of 1,4-butanediol over a four-month period with eight separate transactions. A term of imprisonment of six years and six…
DPP v Bchinnati
[2018] VCC 372
Citation 7
…a non-parole period of three years and nine months was imposed. I was also referred to DPP v Richardson [2016] VCC 2014, DPP v Bchinnati [2018] VCC 372 and DPP v Omer [2018] VCC 1401, to which I have also had regard. 125I have had regard to the Sentencing Advisory Council higher court sentencing statistics in re…
Director of Public Prosecutions v Omer
[2018] VCC 1401
Citation 8
…years and nine months was imposed. I was also referred to DPP v Richardson [2016] VCC 2014, DPP v Bchinnati [2018] VCC 372 and DPP v Omer [2018] VCC 1401, to which I have also had regard. 125I have had regard to the Sentencing Advisory Council higher court sentencing statistics in relation to each offence as an in…
Director of Public Prosecutions v Richardson
[2016] VCC 2014
Citation 9
…of six years and six months with a non-parole period of three years and nine months was imposed. I was also referred to DPP v Richardson [2016] VCC 2014, DPP v Bchinnati [2018] VCC 372 and DPP v Omer [2018] VCC 1401, to which I have also had regard. 125I have had regard to the Sentencing Advisory Council higher c…
Director of Public Prosecutions v Merheby
[2016] VCC 1691
Citation 10
…enced on appeal to a term of imprisonment of five years with a non-parole period of three years and three months. 123 DPP v Ahmad Merheby [2016] VCC 1691 involved 66.2 kilograms of 1,4-butanediol. An aggregate term of imprisonment of five years and nine months was imposed. 124 DPP v Allouche [2018] VCC 1038 involv…