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DPP v L'Eveille
[2018] VSCA 60
Citation 1
…ng extremely violent and an alcoholic. The charge then before the Court involved violence, specifically intentionally causing serious injury. [1] [2018] VSCA 60 [2] (2013) 249 CLR 571 98The prosecution at L'Eveille conceded at the plea hearing, that Bugmy principles applied. The Court questioned the Crown's accep…
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Stewart v The Queen
[2018] VSCA 55
Citation 2
…Queen[13] the Court referred to failing to stop after an accident, (not your case), but in my opinion parallel principles apply also to s61(b). [13] [2018] VSCA 55 193The Court referred to ‘current sentencing practices’ as one of the matters to which a Court is to have regard when sentencing an offender, rather…
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Gul v The Queen
[2016] VSCA 82
Citation 3
…The Queen[21] and relatively recently Gul v The Queen[22] . [18] [2015] VSCA 95 [19] [2015] VSCA 48 [20] [2015] VSCA 29 [21] [2015] VSCA 115 [22] [2016] VSCA 82 206I did not however, understand Boulton to remove the requirement that a sentencing judge must take into account all of s5 Sentencing Act 1991 nor did I…
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Konamala v The Queen
[2016] VSCA 48
Citation 4
…v R[5] which confirmed Guden v R[6] . I accept your time in custody, being aware of your status, and that potential will weigh heavily upon you. [5] [2016] VSCA 48 [6] (2010) VR 288 106I was referred to the reports of Mr Jeffrey Cummins, Consultant Clinical and Forensic Psychologist, dated 20 November 2017 and 8…
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Sarikaya v The Queen
[2015] VSCA 236
Citation 5
…before the Court including failure to stop and failure to render assistance. I note in your case, no attempt to drive away or disguise your car. [16] [2015] VSCA 236 199The Court referred to some authorities relevant to failing to stop and/or failing to render assistance (paragraphs 22-23). 200The Court also refer…
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Hutchinson v The Queen
[2015] VSCA 115
Citation 6
…20] and Hutchinson v The Queen[21] and relatively recently Gul v The Queen[22] . [18] [2015] VSCA 95 [19] [2015] VSCA 48 [20] [2015] VSCA 29 [21] [2015] VSCA 115 [22] [2016] VSCA 82 206I did not however, understand Boulton to remove the requirement that a sentencing judge must take into account all of s5 Sentencin…
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DPP v Maxfield
[2015] VSCA 95
Citation 7
…axfield[18] , Alam v The Queen[19] , Marocchini v The Queen[20] and Hutchinson v The Queen[21] and relatively recently Gul v The Queen[22] . [18] [2015] VSCA 95 [19] [2015] VSCA 48 [20] [2015] VSCA 29 [21] [2015] VSCA 115 [22] [2016] VSCA 82 206I did not however, understand Boulton to remove the requirement that…
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Alam v The Queen
[2015] VSCA 48
Citation 8
…The Queen[19] , Marocchini v The Queen[20] and Hutchinson v The Queen[21] and relatively recently Gul v The Queen[22] . [18] [2015] VSCA 95 [19] [2015] VSCA 48 [20] [2015] VSCA 29 [21] [2015] VSCA 115 [22] [2016] VSCA 82 206I did not however, understand Boulton to remove the requirement that a sentencing judge m…
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Marocchini v The Queen
[2015] VSCA 29
Citation 9
…occhini v The Queen[20] and Hutchinson v The Queen[21] and relatively recently Gul v The Queen[22] . [18] [2015] VSCA 95 [19] [2015] VSCA 48 [20] [2015] VSCA 29 [21] [2015] VSCA 115 [22] [2016] VSCA 82 206I did not however, understand Boulton to remove the requirement that a sentencing judge must take into accoun…
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Tokay v The Queen
[2014] VSCA 285
Citation 10
…to the second reading speech which increased the maximum penalty for leaving the scene of an accident and failing to render assistance. [12] [2014] VSCA 285 190In that speech on 5 May 2005, in support of a Bill to increase the penalty from 2 years to 10 years imprisonment: “The Victorian community has been rightf…
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Marrah v The Queen
[2014] VSCA 119
Citation 11
…minish the need for the sentence to vindicate the dignity of a victim and reflect the community’s disapproval of the offending.” [16] [3] [2014] VSCA 119…
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Nguyen v The Queen
[2014] VSCA 53
Citation 12
…in that case very favourable plea material for the appellant. In your case, however, you had a relevant appearance four months earlier. [10] [2014] VSCA 53 178I was referred to the decision of Wassef v R[11] . Mr Porceddu urged there were parallels with that decision referrable to failing to stop and the charge…
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Bugmy v The Queen
[2013] HCA 37
Citation 13
…t and an alcoholic. The charge then before the Court involved violence, specifically intentionally causing serious injury. [1] [2018] VSCA 60 [2] (2013) 249 CLR 571 98The prosecution at L'Eveille conceded at the plea hearing, that Bugmy principles applied. The Court questioned the Crown's acceptance on the plea that…
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Wassef v The Queen
[2011] VSCA 30
Citation 14
…du urged there were parallels with that decision referrable to failing to stop and the charge before me of failing to render assistance. [11] [2011] VSCA 30 179Turning to the gravity of your offending, Mr Porceddu submitted it was high and your culpability was high. You stayed for 60-80 seconds then left the scen…
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R v Mohamed
[2009] VSCA 158
Citation 15
…dent, again not your offending. I note that decision was approximately nine years ago, and his reason for leaving was not the same as yours. [14] [2009] VSCA 158 195In Wassef , the Court referred to the Second Reading Speech introducing the Bill to increase the penalty. 196Court of Appeal Redlich JA referred to R…
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R v Verdins
[2007] VSCA 102
Citation 16
…in custody more difficult, consistent with general sentencing principles although not relied upon as R v Verdins& Ors[7] principles. [7] (2007) 16 VR 269 112Ms Lamovie was given the opportunity to obtain further material and further hearing of this matter was adjourned to today, being 7 August 2018. 113Following a…
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DPP v Toomey
[2006] VSCA 90
Citation 17
…rehabilitation, citing DPP v DJK[9] . Whilst those cases refer to sexual offences which this is not, the principles nevertheless remain the same. [8] [2006] VSCA 90 [9] [2003] VSCA 109 158The effects upon a victim are a relevant sentencing consideration (s5 Sentencing Act 1991). I am conscious however that I must…
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DPP v DJK
[2003] VSCA 109
Citation 18
…ing DPP v DJK[9] . Whilst those cases refer to sexual offences which this is not, the principles nevertheless remain the same. [8] [2006] VSCA 90 [9] [2003] VSCA 109 158The effects upon a victim are a relevant sentencing consideration (s5 Sentencing Act 1991). I am conscious however that I must not allow the effec…