Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 1
…e High Court has required me to undertake[2]. [1] DPP v Candaza &Ors [2003] VSCA 91 [2] The Director of Public Prosecution v Dalgleish ( a pseudonym) [2017] HCA 41 67A key sentencing purposes, as I have said a number of times is general deterrence. The High Court has made clear that deterrence of others is secur…
R v Kilic
[2016] HCA 48
Citation 2
…nunciation and protection of the community. 18The High Court, again, took the same approach in the important sentencing decision of The Queen v Kilic [2016] HCA 48 That case involved a single incident of very serious violence by a man against a previous partner. In the course of that case before the High Court w…
Pasinis v The Queen
[2014] VSCA 97
Citation 3
…16In 2014, the Court of Appeal in Victoria in Pasinis v The Queen, [2014] VSCA 97 said the following, "Historically perpetrators of family violence were rarely prosecuted. Even when offenders were convicted of such offences, they often received lenient sentences. Fortunately the criminal law now gives greater rec…
Munda v Western Australia
[2013] HCA 38
Citation 4
…17In 2013, the High Court in Munda v Western Australia [2013] HCA 38 recognised the role of courts in dealing with domestic violence and gave appellant authority or approval to significant weight being attached to specific and general deterrence, denunciation and protection of the community. 18The High Court, ag…
DPP v Candaza
[2003] VSCA 91
Citation 5
…all other cases turn on their unique facts. Individualised sentencing is what the High Court has required me to undertake[2]. [1] DPP v Candaza &Ors [2003] VSCA 91 [2] The Director of Public Prosecution v Dalgleish ( a pseudonym) [2017] HCA 41 67A key sentencing purposes, as I have said a number of times is gene…
R v Edigarov
[2001] NSWCCA 436
Citation 6
…of domestic violence has been articulated. 15I turn first to what was said in 2001, in the New South Wales Court of Criminal Appeal in R v Edigarov , [2001] NSWCCA 436 where the Chief Justice at Common Law, Wood J said the following, "Violent attacks in domestic settings must be treated with real seriousness. Regret…
Griffiths v The Queen
[1994] HCA 55
Citation 7
…s is secured not so much by ever increasing severity of penalty, but by two often unappreciated concepts[3]. [3] Griffiths v The Queen ]1977] HCA 44, (1977) 137 CLR 293, per Jacobs J [34] 68First, deterrence occurs by certainty of detection. This is achieved in the context of domestic violence by the bravery of the v…