R v Todd
[2024] NZHC 897
Citation 1
…108Again at paragraph 18 their Honours referred to the remarks of Street CJ, in R v Todd (1982) 2 NSWLR 517 and 519-20 where His Honour stated: "Moreover where there has been a lengthy postponement, fairness to the prisoner requires weight to be given to the progress of his rehabilitation during the term of his earli…
Djordjic v The Queen
[2018] VSCA 227
Citation 2
…ling in drugs of high purity for which he received very large amounts of money. Mr Djordjic unsuccessfully appealed that sentence, see Djordjic v R [2018] VSCA 227 . 55Parity in relation to this case was not argued before me but it is my view that his case may be distinguished from yours on the basis that the acti…
Duncan v The Queen
[2018] NZCA 108
Citation 3
…cent JA, under the heading, "Delay, Rehabilitation and Fairness", referred to a number of well-known authorities including the decision of Duncan v R (1983) 47 ALR 746 where the Western Australian Court of Criminal Appeal stated: "Where prior to sentence there has been a lengthy process of rehabilitation and the evi…
Akoka v The Queen
[2017] VSCA 214
Citation 4
…aken into account. Additionally your six months in residential rehabilitation must be factored in moderating on any sentence imposed, see Akoka v R [2017] VSCA 214 . 62In all the circumstances I have decided that the head term of the sentence I must impose is one which should reflect the gravity of your offending…
Gregory (a pseudonym) v The Queen
[2017] VSCA 151
Citation 5
…h offending is regarded as indicated by the seriousness of the maximum penalty applicable. Further the Court of Appeal in Gregory (a pseudonym) v R [2017] VSCA 151 made it clear that sentencing in this area has been inadequate and needs to be uplifted. 57In sentencing you I take into account your plea of guilty wh…
DPP v WRJ
[2009] VSCA 174
Citation 6
…ve progress that you have made. He referred to a number of authorities well known to this court and many of them referred to in the case of DPP v WRJ [2009] VSCA 174 , a decision of the Court of Appeal handed down on 3 August 2009. In their joint judgment their Honours Maxwell P, Vincent JA, under the heading, "De…
R v Merrett
[2007] VSCA 1
Citation 7
…107Paragraph 20 reference is made to His Honour Maxwell P comments in R v Merrett, Piggot and Ferrari [2007] 14 VR 392 to the effect that: "The significance of delay does not depend on whether the delay can be satisfactorily explained or not. Its relevance lies rather in the effect which the lapse of time, h…