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Cases Citing This Decision
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Statutory Material Cited
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DPP v Snow (a pseudonym)
[2020] VSCA 67
Citation 1
…ture here. The prosecution took issue with the application of the principles from the case of Bugmy [2013] HCA 37 and referred me to the case of Snow [2020] VSCA 67. They also challenged the application of the 5 th limb from the case of Verdins arguing that there was no evidentiary basis for such a finding. They…
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Lukudu v The Queen
[2019] VSCA 248
Citation 2
…also at the new Judicial College of Victoria sentencing case collection of sentences for this crime. I have looked at cases such as Lukudu [2019] VSCA 248 and Evans [2019] VSCA 239 which speak of the importance of general deterrence and the reality of sentences in the high single figures and into double figures.…
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DPP v Evans
[2019] VSCA 239
Citation 3
…College of Victoria sentencing case collection of sentences for this crime. I have looked at cases such as Lukudu [2019] VSCA 248 and Evans [2019] VSCA 239 which speak of the importance of general deterrence and the reality of sentences in the high single figures and into double figures. 66.The snapshot demonstrat…
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Marrah v The Queen
[2014] VSCA 119
Citation 4
…principles for the reasons flagged by your counsel. In that sense I am giving full weight to your background. See Bugmy [2013] 249 CLR 571 , Marrah [2014] VSCA 119 , Snow & Terrick (op cit). Verdins 59.The report also comments on your level of functioning. Now in terms of pure IQ, you are probably a line ball as t…
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Bugmy v The Queen
[2013] HCA 37
Citation 5
…d find the use of alcohol to be an aggravating feature here. The prosecution took issue with the application of the principles from the case of Bugmy [2013] HCA 37 and referred me to the case of Snow [2020] VSCA 67. They also challenged the application of the 5 th limb from the case of Verdins arguing that there…
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DPP v Terrick
[2009] VSCA 220
Citation 6
…he relative importance in a particular case of sentencing considerations including deterrence, community protection and rehabilitation. See Terrick [2009] VSCA 220. Plainly where there is a strong nexus then the mitigatory value will rise. It does not all flow in one direction either by the way. It can even lead t…
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R v Verdins
[2007] VSCA 102
Citation 7
…sadvantaged developmental background; ·Your low level of cognitive functioning and the application of the 5 th limb from the case of Verdins [2007] VSCA 102; and ·The increased burden arising from the impact of the COVID-19 virus.…
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R v Sa
[2004] VSCA 182
Citation 8
…76 of that decision. Those cases included DPP v Zullo [2004] VSCA 153 but also DPP v Lawrence (2004) 10 VR 125, R v Huynh [2004] VSCA 156 and R v Sa [2004] VSCA 182. It restated what I have already mentioned from Zullo . The Court of Appeal made clear that the aggravating features common to many of the cases with…
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R v Huynh
[2004] VSCA 156
Citation 9
…rious Injury. See paragraph 76 of that decision. Those cases included DPP v Zullo [2004] VSCA 153 but also DPP v Lawrence (2004) 10 VR 125, R v Huynh [2004] VSCA 156 and R v Sa [2004] VSCA 182. It restated what I have already mentioned from Zullo . The Court of Appeal made clear that the aggravating features commo…
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DPP v Lawrence
[2004] VSCA 154
Citation 10
…of Intentionally Causing Serious Injury. See paragraph 76 of that decision. Those cases included DPP v Zullo [2004] VSCA 153 but also DPP v Lawrence (2004) 10 VR 125, R v Huynh [2004] VSCA 156 and R v Sa [2004] VSCA 182. It restated what I have already mentioned from Zullo . The Court of Appeal made clear that the…
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DPP v Zullo
[2004] VSCA 153
Citation 11
…osecutor took me to a handful of past sentencing decisions as well as statements as to the seriousness of this offence spelt out in the case of Zullo [2004] VSCA 153. I was also taken to the 2007 sentencing reasons of Judge Howard when he sentenced you back then. The prosecution was suggesting that you could hardl…