Henry v The King
[2023] VSCA 100
Citation 1
…e Crimes (Sexual Offences) Act 1991 . s11(3) Sentencing Act 1991(Vic). Cases Cited: R v Duncan (1983) 47 ALR 746; R v Merrett (2007) 14 VR; Henry v R [2023] VSCA 100 392, 400; R v AP [2009] VSCA 249. Sentence:Two years imprisonment. Pursuant to s27(2A)(h), a suspended sentence for three years will be imposed and t…
Duncan v The Queen
[2018] NZCA 108
Citation 2
…n Cited: s 47 of the Crimes Act 1958 , as amended by the Crimes (Sexual Offences) Act 1991 . s11(3) Sentencing Act 1991(Vic). Cases Cited: R v Duncan (1983) 47 ALR 746; R v Merrett (2007) 14 VR; Henry v R [2023] VSCA 100 392, 400; R v AP [2009] VSCA 249. Sentence:Two years imprisonment. Pursuant to s27(2A)(h), a sus…
Gordon v The Queen
[2013] VSCA 343
Citation 3
…76]-[477], and the tension between the serious sexual offender provisions and the principle of totality as detailed by Redlich J.A. in Gordon v R [2013] VSCA 343, [74]-[75]. 46Charge 2 will be the base sentence of eight months. To be cumulated upon such sentence will be 12 months from the sentence imposed in regar…
R v AP
[2009] VSCA 249
Citation 4
…91 . s11(3) Sentencing Act 1991(Vic). Cases Cited: R v Duncan (1983) 47 ALR 746; R v Merrett (2007) 14 VR; Henry v R [2023] VSCA 100 392, 400; R v AP [2009] VSCA 249. Sentence:Two years imprisonment. Pursuant to s27(2A)(h), a suspended sentence for three years will be imposed and the Accused must be of good behavi…
R v Verdins
[2007] VSCA 102
Citation 5
…is not equipped, and could not be equipped, to cater to the seriousness and immediacy of Mr D'Costa's medical conditions. 36 Verdins principles, [2007] VSCA 102, [32] operate, in particular 5 and 6, insofar as the placement of him into gaol to both exacerbate and make those conditions ever present. 37Now a furthe…
R v Merrett
[2007] VSCA 1
Citation 6
…ault of Mr D’Costa. There was a difficulty with the hearing and getting the hearing on. The principles in Duncan (1983) 47 ALR 746, [8] and Merrett (2007) 14 VR 392, 400 apply. 27Mr Kantor particularly relied upon Henry v R [2023] VSCA 100, as being of relevance here, there was a suspended sentence in that matter o…
R H McL v The Queen
[2000] HCA 46
Citation 7
…in dealing with the serious sexual provisions and the principle of totality, indeed, the tension between those two. I refer to RH McL v R [2000] 203 CLR 452, [476]-[477], and the tension between the serious sexual offender provisions and the principle of totality as detailed by Redlich J.A. in Gordon v R [201…