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Brown v the Queen
[2019] VSCA 286
Citation 1
…he effect of that scheme has been discussed in a number of cases including initially in the case of Brown [9] back in 2019. [9] Brown v the Queen [2019] VSCA 286 (‘ Brown’ ) 93The period of ten years is specified as the 'standard sentence' for the crime of incest, four years is specified as the standard sentence f…
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DPP v Weybury
[2018] VSCA 120
Citation 2
…hese offences, and further, the standard sentence scheme leads me to consider where these matters sit viewed purely objectively. [19] DPP v Weybury [2018] VSCA 120. 152The incest charge does not fall anywhere near the highest level. Nor, though, does it fall at the lowest level - nowhere near it. I believe it fall…
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Carter (a pseudonym) v The Queen
[2018] VSCA 88
Citation 3
…ng exercises were undertaken at a time where I suspect the full impact of the Dalgliesh line of authority was perhaps not so clear. [16] Carter v R [2018] VSCA 88 [17] DPP v Harris [2018] VCC 2039 120I was not at all assisted by being taken to those cases. To have regard to the sentence imposed would be to ignore…
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DPP v Dalgliesh (a Pseudonym)
[2017] VSCA 360
Citation 4
…ome detail the seriousness of the offence and the many reasons for that. [11] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [12] [2017] HCA 41. [13] [2017] VSCA 360. 104The Court of Appeal in their first judgment dealt with the misconception that they said had seemingly arisen over time as to crimes of incest not…
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Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 5
…sions spelt out in some detail the seriousness of the offence and the many reasons for that. [11] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [12] [2017] HCA 41. [13] [2017] VSCA 360. 104The Court of Appeal in their first judgment dealt with the misconception that they said had seemingly arisen over time as t…
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DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Citation 6
…3] That series of decisions spelt out in some detail the seriousness of the offence and the many reasons for that. [11] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [12] [2017] HCA 41. [13] [2017] VSCA 360. 104The Court of Appeal in their first judgment dealt with the misconception that they said had seemingly a…
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Treasurer of Victoria v Tabcorp Holdings Ltd
[2014] VSCA 143
Citation 7
…have also been many cases arising since in our Court of Appeal in a post - Dalgliesh and a post -standard sentence era. [18] Reid (a pseudonym) v R [2014] VSCA 143 135Your counsel worked his way through various factors, nonetheless - see paragraph 9. So, he went to the absence, for instance, of premeditation. Obvi…
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Bugmy v The Queen
[2013] HCA 37
Citation 8
…[4] Bugmy v The Queen [2013] HCA 37 ( “Bugmy” ) [5] R v Verdins [2007] VSCA 102 (“ Verdins” ) 56There was in fact no claim made as to any real reduction in your moral culpability. There was no deficit in your capacity to understand how serious these crimes were. Alcohol may have disinhibited you to a degree, tha…
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RBN v The Queen
[2011] VSCA 261
Citation 9
(Para 13)
…hild, and it is notorious that it causes long-term damage to the child victims whom it is the parent's first obligation to protect.'[10] [10] [2011] VSCA 261 at [13].…
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R v Verdins
[2007] VSCA 102
Citation 10
…[4] Bugmy v The Queen [2013] HCA 37 ( “Bugmy” ) [5] R v Verdins [2007] VSCA 102 (“ Verdins” ) 56There was in fact no claim made as to any real reduction in your moral culpability. There was no deficit in your capacity to understand how serious these crimes were. Alcohol may have disinhibited you to a degree, that…
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R v Gant
[2016] VSC 662
Citation 11
…tional is plain enough from the case law in this area. I refused the application to adjourn, and I proceeded with the plea. [3] R v Gant & Siddique [2016] VSC 662 39The amount of pressure being brought to bear on this young girl can scarcely be imagined. I am not suggesting you are a party to any of this. The bac…
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Director of Public Prosecutions v Churchill (a pseudonym)
[2023] VCC 300
Citation 12
…es that were in existence at the time of that offending back in 2005. There was a significant moderating effect. [15] DPP v Churchill (a pseudonym) [2023] VCC 300 119Some of the cases involved differing forms of penetration. One, Carter [16], involved an eight-year delay after the formal police interview and befo…
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Director of Public Prosecutions v Mitchell (a pseudonym)
[2022] VCC 2027
Citation 13
…eme. Only the first case of Mitchell [6] was subject to that scheme, and Mitchell pleaded guilty and was remorseful. [6] DPP v Mitchell (a pseudonym) [2022] VCC 2027 (‘ Mitchell ’) 59Given its date, the sentencing snapshot referred to would relate to some sentences imposed where the offence was not even covered by…
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Director of Public Prosecutions v Harris (a pseudonym)
[2018] VCC 2039
Citation 14
…time where I suspect the full impact of the Dalgliesh line of authority was perhaps not so clear. [16] Carter v R [2018] VSCA 88 [17] DPP v Harris [2018] VCC 2039 120I was not at all assisted by being taken to those cases. To have regard to the sentence imposed would be to ignore the statutory prohibition set out…