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Salvaggio v The Queen
[2022] VSCA 88
Citation 1
…seriousness of the aggravated burglary. See the case of Meyers . See also the more recent decision of Salvaggio. [12] [12] Salvaggio v The Queen [2022] VSCA 88 89It should not be forgotten that the aggravated burglary here had a number of victims. Not just your actual target, being Mr Burke. He shared those prem…
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Jawahiri v The Queen
[2021] VSCA 287
Citation 2
…ten a factor that is brought to the fore. See, for instance, the case of Jawahiri .[15] It is not present in your case. [15] Jawahiri v The Queen [2021] VSCA 287 99Further, there is no such thing as one correct sentence, and another Judge in any of these other cases that I have looked at might permissibly have imp…
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Worboyes v The Queen
[2021] VSCA 169
Citation 3
…glary followed by repeated stabbing. Critical injuries; Summary offence: commit indictable offence on bail; Early Plea; Remorse; Worboyes v The Queen [2021] VSCA 169; COVID-19; Almost 32 years of age with lengthy enough criminal history ---…
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Thurlow v The Queen
[2021] VSCA 71
Citation 4
…or not. Maybe it has, maybe it has not. For instance, when you appeared at the Heidelberg Magistrates' Court on [6] R v Renzella [1997] 2 VR 88 [7] R v Kotzmann [1999] 2 VR 123 [8] Karpinski v The Queen [2011] VSCA 94 17 November 2020. For all I know, it may even have been taken into account in a broad fas…
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Lukudu v The Queen
[2019] VSCA 248
Citation 5
…errence and the reality of sentences in the high single figures and into double figures for some instances of this crime. [13] Lukudu v The Queen [2019] VSCA 248 [14] DPP v Evans [2019] VSCA 239 93As I have said already. I was referred to the case of Nash. 94In that case, Priest JA said at paragraph 55, that the c…
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DPP v Evans
[2019] VSCA 239
Citation 6
…ces in the high single figures and into double figures for some instances of this crime. [13] Lukudu v The Queen [2019] VSCA 248 [14] DPP v Evans [2019] VSCA 239 93As I have said already. I was referred to the case of Nash. 94In that case, Priest JA said at paragraph 55, that the circumstances of the commission of…
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DPP v Weybury
[2018] VSCA 120
Citation 7
…ss is greatly overrated, in my judgment, nor, for that matter, is it uniformly approved of. See the case of Weybury [16] . [16] DPP v Weybury [2018] VSCA 120 117It seems to me it is much more valuable to look at what you actually did. 118You used a knife, and you used it to repeatedly stab an unarmed and defencele…
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DPP v Bowden
[2016] VSCA 283
Citation 8
…] and Bowden [11]. [9] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [10] DPP v Meyers [2014] VSCA 314; 44 VR 486 (“ Meyers” ) [11] DPP v Bowden [2016] VSCA 283 88In those cases and many others since the Court of Appeal has set out what are described as the non-exhaustive considerations relevant to the assessment…
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DPP v Barnes
[2015] VSCA 293
Citation 9
…ne moment submitting that it had any mitigatory value. [1] Nash v The Queen [2013] VSCA 507 [2] DPP v Barnes & Barnes [2015] VSCA 293 [3] Adifar v The Queen [2012] VSCA 66 34He relied upon the following matters in mitigation: ·your early guilty plea in the midst of the global pandemic and some level of cooperation…
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DPP v Meyers
[2014] VSCA 314
Citation 10
…s been picked up by many others, including cases of Meyers [10] and Bowden [11]. [9] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [10] DPP v Meyers [2014] VSCA 314; 44 VR 486 (“ Meyers” ) [11] DPP v Bowden [2016] VSCA 283 88In those cases and many others since the Court of Appeal has set out what are described a…
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Hogarth v The Queen
[2012] VSCA 302
Citation 11
…usness of that style of offence. That case has been picked up by many others, including cases of Meyers [10] and Bowden [11]. [9] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [10] DPP v Meyers [2014] VSCA 314; 44 VR 486 (“ Meyers” ) [11] DPP v Bowden [2016] VSCA 283 88In those cases and many others since the Cou…
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Abdifar v The Queen
[2012] VSCA 66
Citation 12
…tigatory value. [1] Nash v The Queen [2013] VSCA 507 [2] DPP v Barnes & Barnes [2015] VSCA 293 [3] Adifar v The Queen [2012] VSCA 66 34He relied upon the following matters in mitigation: ·your early guilty plea in the midst of the global pandemic and some level of cooperation; ·the presence of some remorse; and ·…
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Karpinski v The Queen
[2011] VSCA 94
Citation 13
…ared at the Heidelberg Magistrates' Court on [6] R v Renzella [1997] 2 VR 88 [7] R v Kotzmann [1999] 2 VR 123 [8] Karpinski v The Queen [2011] VSCA 94 17 November 2020. For all I know, it may even have been taken into account in a broad fashion in reaching the view as to a fine being the appropriate outcome for t…
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R v Verdins
[2007] VSCA 102
Citation 14
…gham. 76This report was not being relied upon to enliven any of the principles from the well-known decision of Verdins v R .[5] [5] R v Verdins [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (“ Verdins” ) 77It is not of any great use to me but I take it into account in the ways urged upon me by your counsel. See par…
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R v Kotzmann
[1999] VSCA 27
Citation 15
…as not. For instance, when you appeared at the Heidelberg Magistrates' Court on [6] R v Renzella [1997] 2 VR 88 [7] R v Kotzmann [1999] 2 VR 123 [8] Karpinski v The Queen [2011] VSCA 94 17 November 2020. For all I know, it may even have been taken into account in a broad fashion in reaching the view as to a…
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Hogarth v The Queen
[1965] HCA 43
Citation 16
…yle of offence. That case has been picked up by many others, including cases of Meyers [10] and Bowden [11]. [9] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [10] DPP v Meyers [2014] VSCA 314; 44 VR 486 (“ Meyers” ) [11] DPP v Bowden [2016] VSCA 283 88In those cases and many others since the Court of Appea…