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Director of Public Prosecutions v Cabrera (a pseudonym)

Director of Public Prosecutions v Cabrera (a pseudonym)

Case [2025] VCC 681

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AGLC: Director of Public Prosecutions v Cabrera (a pseudonym) [2025] VCC 681
Case: [2025] VCC 681
Decision Date: 26 May 2025 (at Melbourne)

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Director of Public Prosecutions v Cabrera (a pseudonym) [2025] VCC 681

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Dhal v The King [2023] VSCA 289
Citation 1

…, Newton [14] and Dhal [15] . [13] Sabatucci v The Queen [2021] VSCA 340 [14] Newton (a pseudonym) v The King [2023] VSCA 22 [15] Dhal v The King [2023] VSCA 289 82The case law makes it clear enough though that social disadvantage will not attract the same weight in every case, or in the same fashion. The weight t…
Newton (a pseudonym) v The King [2023] VSCA 22
Citation 2

…ned in other cases of Sabatucci [13], Newton [14] and Dhal [15] . [13] Sabatucci v The Queen [2021] VSCA 340 [14] Newton (a pseudonym) v The King [2023] VSCA 22 [15] Dhal v The King [2023] VSCA 289 82The case law makes it clear enough though that social disadvantage will not attract the same weight in every case,…
Hague v The Queen [2022] VSCA 17
Citation 3

…e. [20] [17] Guden v The Queen [2010] VSCA 196 [18] Allouch v The Queen [2018] VSCA 244 [19] Loftus v The Queen [2019] VSCA 24 [20] Hague v The Queen [2022] VSCA 17 105Clearly then, you will have your visa cancelled automatically. That does not involve any level of speculation. You will have the opportunity to as…
Sabbatucci v The Queen [2021] VSCA 340
Citation 4

…e mentioned of Bugmy and Herrmann, but also as mentioned in other cases of Sabatucci [13], Newton [14] and Dhal [15] . [13] Sabatucci v The Queen [2021] VSCA 340 [14] Newton (a pseudonym) v The King [2023] VSCA 22 [15] Dhal v The King [2023] VSCA 289 82The case law makes it clear enough though that social disadvan…
Ashby (a pseudonym) v The Queen [2021] VSCA 209
Citation 5

…pseudonym) v The Queen [2013] VSCA 272 ( ‘Murdoch ’) [9] Ashby(a pseudonym) v The Queen [2021] VSCA 209 [10] Flynn (a pseudonym) v The Queen [2020] VSCA 173 61The Director of Public Prosecutions was calling for a head sentence and a non-parole period, but of course your own counsel had already conceded, correctly,…
DPP v Herrmann [2021] VSCA 160
Citation 6

…t she was relying upon those principles in both the specific and general fashion described in the case law, so in those two ways. [12] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 79The application of these principles does not depend upon proof of any causal connection between the background and the offending. Th…
Flynn (a pseudonym) v The Queen [2020] VSCA 173
Citation 7

…[9] Ashby(a pseudonym) v The Queen [2021] VSCA 209 [10] Flynn (a pseudonym) v The Queen [2020] VSCA 173 61The Director of Public Prosecutions was calling for a head sentence and a non-parole period, but of course your own counsel had already conceded, correctly, that such an outcome was the only outcome open to th…
Brown v the Queen [2019] VSCA 286
Citation 8

…ccount. Where it applies, as it does here in relation to Charges 1 and 3, I must take it into account as one of the factors. [21] Brown v the Queen [2019] VSCA 286 115This scheme was not intended to interfere with the intuitive synthesis that lies at the heart of sentencing in this State, nor was it in any way cou…
Loftus v The Queen [2019] VSCA 24
Citation 9

…uch [18] and also Loftus [19] and Hague. [20] [17] Guden v The Queen [2010] VSCA 196 [18] Allouch v The Queen [2018] VSCA 244 [19] Loftus v The Queen [2019] VSCA 24 [20] Hague v The Queen [2022] VSCA 17 105Clearly then, you will have your visa cancelled automatically. That does not involve any level of speculatio…
Allouch v The Queen [2018] VSCA 244
Citation 10

…considered in cases since, such as Allouch [18] and also Loftus [19] and Hague. [20] [17] Guden v The Queen [2010] VSCA 196 [18] Allouch v The Queen [2018] VSCA 244 [19] Loftus v The Queen [2019] VSCA 24 [20] Hague v The Queen [2022] VSCA 17 105Clearly then, you will have your visa cancelled automatically. That d…
DPP v Weybury [2018] VSCA 120
Citation 11

…is a practice that has been, at least to some extent, disapproved of by the Court of Appeal (see the case of Weybury [22] ). [22] DPP v Weybury [2018] VSCA 120. 142Yet I must strive to reach a view as to the nature and the gravity of these offences, and further, the standard sentence scheme leads me to consider wh…
Bugmy v The Queen [2013] HCA 37
Citation 12

…R H McL v The Queen [2000] HCA 46; Murdoch (A Pseudonym) v The Queen [2013] VSCA 272 - R v Verdins [2007] VSCA 102: limb 5 - Bugmy v The Queen [2013] HCA 37…
Murdoch (A Pseudonym) v The Queen [2013] VSCA 272
Citation 13

…ious Offender regime; Delay; sentence after retrial and principles in play R H McL v The Queen [2000] HCA 46; Murdoch (A Pseudonym) v The Queen [2013] VSCA 272 - R v Verdins [2007] VSCA 102: limb 5 - Bugmy v The Queen [2013] HCA 37…
Guden v The Queen [2010] VSCA 196
Citation 14

…n [2013] HCA 37 (‘ Bugmy’ ) [6] R v Verdins [2007] VSCA 102 ( ‘Verdins’ ) [7] Guden v The Queen [2010] VSCA 196 ( ‘Guden’ ) 59She conceded the seriousness of the offending and that a prison term was obviously required here, and one requiring the fixing of a non-parole period. Though relying on totality of sentence…
DPP v Terrick [2009] VSCA 220
Citation 15

…tion. See the case of Terrick. [16] Our backgrounds leave their mark and no doubt yours has left a mark on you to some extent. [16] DPP v Terrick [2009] VSCA 220 83So I take your background into account, as far as I am able to. 84I simply do not accept on the balance of probabilities that there is any link at all…
DPP v TY (No 2) [2009] VSCA 226
Citation 16

…f R H McL [23], Fitchett [24] , TY [25] , Murdoch ). [23] R H McL v The Queen [2000] HCA 46 [24] R v Fitchett [2010] VSC 393 [25] DPP v TY (No 2) [2009] VSCA 226 170There are many reasons for that approach as are spelt out in those and many other cases. It was not your fault that the trial miscarried. Had you not…
R v Verdins [2007] VSCA 102
Citation 17

…entence after retrial and principles in play R H McL v The Queen [2000] HCA 46; Murdoch (A Pseudonym) v The Queen [2013] VSCA 272 - R v Verdins [2007] VSCA 102: limb 5 - Bugmy v The Queen [2013] HCA 37…
R H McL v The Queen [2000] HCA 46
Citation 18

…dard sentence scheme operative for the rapes. Serious Offender regime; Delay; sentence after retrial and principles in play R H McL v The Queen [2000] HCA 46; Murdoch (A Pseudonym) v The Queen [2013] VSCA 272 - R v Verdins [2007] VSCA 102: limb 5 - Bugmy v The Queen [2013] HCA 37…
R v Fitchett [2010] VSC 393
Citation 19

…llowing the retrial. See the cases of R H McL [23], Fitchett [24] , TY [25] , Murdoch ). [23] R H McL v The Queen [2000] HCA 46 [24] R v Fitchett [2010] VSC 393 [25] DPP v TY (No 2) [2009] VSCA 226 170There are many reasons for that approach as are spelt out in those and many other cases. It was not your fault th…

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