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Director of Public Prosecutions v Harvey
[2023] VSCA 234
Citation 1
…urts duty is to impose a sentence that, in all the circumstances is just and appropriate. [15] DPP v Harvey [2023] VSCA 234; DPP v Usherwood [2019] VCC 1118; Neskovski v The Queen [2022] VSCA 86. 78Mr Colverd, your actions have left a family and community devastated which is something you will have to live with. S…
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Neskovski v The Queen
[2022] VSCA 86
Citation 2
…and appropriate. [15] DPP v Harvey [2023] VSCA 234; DPP v Usherwood [2019] VCC 1118; Neskovski v The Queen [2022] VSCA 86. 78Mr Colverd, your actions have left a family and community devastated which is something you will have to live with. Sentencing in a case like this is very difficult. As I have already stat…
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DPP v Herrmann
[2021] VSCA 160
Citation 3
…on [your] life trajectory and undermined [your] emotional, cognitive and behaviour development.[10] [9] DPP v Herrmann [2021] VSCA 160; Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571. [10] (Amended) report of Forensic Psychologist Ms Laura Fleming, 24 September 2024, 128. 61You have a limited prior criminal…
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Singh v The Queen
[2021] VSCA 161
Citation 4
…d be assigned less weight given the prominence of general deterrence for this type of offending[12]. [12] Singh v R [2021] VSCA 161. Prospects of rehabilitation 66Your Counsel submits that your prospects of rehabilitation should be regarded as fair and relies on a number of factors, including your willingness to p…
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DPP v Weybury
[2018] VSCA 120
Citation 5
…Prosecutions v Ebonie Weybury [2018] VSCA 120. 40Further, the prosecution submit driving in this manner was particularly dangerous given the wet conditions and the nature of the road; that is, a single lane in either direction separated by double white lines, with scrub and trees on both sides of the road, and the…
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Stephens v The Queen
[2016] VSCA 121
Citation 6
(Para 25)
…[3] Stephens v The Queen [2016] VSCA 121 at [25]-[27]). 44Although they emphasise different factors, there is substantial agreement between the parties that your offending is objectively serious and falls at the ‘mid-range’ for offending of this type. Your Counsel highlights the absence of various aggravating fea…
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Bellizia v The Queen
[2016] VSCA 21
Citation 7
…der they have some relevance to your prospects of rehabilitation and specific deterrence.[13] [13] Bellizia v R [2016] VSCA 21. 68I also take into account that you are now well supported by family and have regular contact with your mother, siblings, and niece and nephew, most of whom have also attended Court in s…
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Tokay v The Queen
[2014] VSCA 285
Citation 8
…mprisonment.[5] [4] [2014] VSCA 285. [5] Ibid [26]. 46In my assessment I take into account that you fled the scene after being assisted out of your car by Ms Biro. Despite her and others telling you to stop, you ran from the scene and persisted in your flight when being chased by witnesses. When apprehended by pol…
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Bugmy v The Queen
[2013] HCA 37
Citation 9
…rmined [your] emotional, cognitive and behaviour development.[10] [9] DPP v Herrmann [2021] VSCA 160; Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571. [10] (Amended) report of Forensic Psychologist Ms Laura Fleming, 24 September 2024, 128. 61You have a limited prior criminal history and relevant traffic matt…
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Wassef v The Queen
[2011] VSCA 30
Citation 10
…6] Wassef v R [2011] VSCA 30 [27]-[28]. 48Your counsel comprehensively outlined your personal circumstances and canvassed a range of mitigating factors, which were largely uncontested by the prosecution. I now turn to a consideration of these factors.…
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DPP v Neethling
[2009] VSCA 116
Citation 11
…e.[2] [2] DPP v Neethling [2009] VSCA 116, [31]-[32]; Defence submissions. 30 September 2024, at [2.4]. 43While these factors are relevant, I accept the prosecution submission that the mere absence of such features does not necessarily mean the offending involves low moral culpability.[3] . The relevant factors ar…
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R v Verdins
[2007] VSCA 102
Citation 12
…a person in ‘normal health.’ This is not disputed by the prosecution and I accept that it has application in your case. [7] R v Verdins (2007) 16 VR 269. 58Your Counsel also relies on the sixth limb of Verdins based on the opinion of Ms Fleming that in individuals with trauma, a period of imprisonment would trigger…
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DPP v Oates
[2007] VSCA 59
Citation 13
(Para 54)
…important considerations in the sentencing exercise. [14] DPP v Neethling (2009) 2 VR 466 at [54]; DPP v Oates [2007] VSCA 59 at [22]. 73I take into account the sentencing guidelines where relevant to your case, as provided in s 5 of the Sentencing Act 1991 (Vic). 74As already noted, there is no dispute that the…
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Director of Public Prosecutions v Usherwood
[2019] VCC 1118
Citation 14
…that, in all the circumstances is just and appropriate. [15] DPP v Harvey [2023] VSCA 234; DPP v Usherwood [2019] VCC 1118; Neskovski v The Queen [2022] VSCA 86. 78Mr Colverd, your actions have left a family and community devastated which is something you will have to live with. Sentencing in a case like this is…