Lockyer (a pseudonym) v The Queen
[2020] VSCA 321
Citation 1
…s provided by the prosecution, namely Lockyer (a pseudonym) v The Queen [2020] VSCA 321, Director of Public Prosecutions v Dat (a pseudonym) [2020] VCC 344, and Director of Public Prosecutions v Flancey (a pseudonym) [2021] VCC 1225. [20] [2018] VSCA 286 62Ultimately, each case must be dealt with based on its own…
Brown v The Queen
[2020] VSCA 60
Citation 2
…spread of the virus within the prison system. [15] Brown (aka Davis) v The Queen [2020] VSCA 60, [48] 56The standard sentencing regime that applies to you, and the standard sentence for the offence of rape, is 10 years’ imprisonment. The standard sentence for an offence is the sentence that, taking into account…
DPP v Elfata
[2019] VSCA 63
Citation 3
…han another.[3] [2] R v Mason [2001] VSCA 62, [8] [3] R v Lomax [1998] 1 VR 551, 558−59; DPP v Tewksbury [2018] VSCA 38, [67]; and DPP v Elfata [2019] VSCA 63, [36] 4The background to the offending is that you were married to the complainant, Hope Franklin[4]. At the time when the rape was committed you were livi…
DPP v Tewksbury (a pseudonym)
[2018] VSCA 38
Citation 4
…ng one inherently more or less severe than another.[3] [2] R v Mason [2001] VSCA 62, [8] [3] R v Lomax [1998] 1 VR 551, 558−59; DPP v Tewksbury [2018] VSCA 38, [67]; and DPP v Elfata [2019] VSCA 63, [36] 4The background to the offending is that you were married to the complainant, Hope Franklin[4]. At the time wh…
R v Mason
[2001] VSCA 62
Citation 5
…ently stated that there is no hierarchy as to the type of penetration rendering one inherently more or less severe than another.[3] [2] R v Mason [2001] VSCA 62, [8] [3] R v Lomax [1998] 1 VR 551, 558−59; DPP v Tewksbury [2018] VSCA 38, [67]; and DPP v Elfata [2019] VSCA 63, [36] 4The background to the offending…
Pearce v The Queen
[1998] HCA 57
Citation 6
…s to the type of penetration rendering one inherently more or less severe than another.[3] [2] R v Mason [2001] VSCA 62, [8] [3] R v Lomax [1998] 1 VR 551, 558−59; DPP v Tewksbury [2018] VSCA 38, [67]; and DPP v Elfata [2019] VSCA 63, [36] 4The background to the offending is that you were married to the com…
Director of Public Prosecutions v Flancey (a pseudonym)
[2021] VCC 1225
Citation 7
…0] VCC 344, and Director of Public Prosecutions v Flancey (a pseudonym) [2021] VCC 1225. [20] [2018] VSCA 286 62Ultimately, each case must be dealt with based on its own particular facts. I have received guidance as to the current sentencing practices for the standard offence of rape from the cases provided.…
DPP v Dat
[2020] VCC 344
Citation 8
…en [2020] VSCA 321, Director of Public Prosecutions v Dat (a pseudonym) [2020] VCC 344, and Director of Public Prosecutions v Flancey (a pseudonym) [2021] VCC 1225. [20] [2018] VSCA 286 62Ultimately, each case must be dealt with based on its own particular facts. I have received guidance as to the current sentenc…