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Barnard (a pseudonym) v The Queen
[2022] VSCA 42
Citation 1
…c, so I take these various matters into account in mitigation. [7] Worboyes v The Queen [2021] VSCA 169 [8] Barnard (a pseudonym) v The Queen [2022] VSCA 42 Remorse 27As to remorse, well there are few real signs of it. I have your early guilty plea and your cooperation with the police and the admissions which you…
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Hague v The Queen
[2022] VSCA 17
Citation 2
…[13]. [10] Guden v The Queen [2010] VSCA 196 [11] Allouch v The Queen [2018] VSCA 244 [12] Loftus v The Queen [2019] VSCA 24 [13] Hague v The Queen [2022] VSCA 17 41I will work on the assumption that you will have your visa cancelled automatically. That does not involve speculation. It will be cancelled. You will…
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Worboyes v The Queen
[2021] VSCA 169
Citation 3
…d benefit of pleading guilty amidst the global pandemic, so I take these various matters into account in mitigation. [7] Worboyes v The Queen [2021] VSCA 169 [8] Barnard (a pseudonym) v The Queen [2022] VSCA 42 Remorse 27As to remorse, well there are few real signs of it. I have your early guilty plea and your coo…
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DPP v Herrmann
[2021] VSCA 160
Citation 4
…you remained drug free. It follows that you were not a drug user at the time of this serious offending that I am dealing with. [6] DPP v Herrmann [2021] VSCA 160 (“ Hermann” ) Guilty 23I turn to the matters that have been raised in mitigation on your behalf. Firstly your guilty plea. I will treat it as a plea at t…
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Nguyen v The Queen
[2019] VSCA 134
Citation 5
…offender's role and involvement) and not by reference to whether the offender can be given some particular appellation.'[17] [17] Nguyen v The Queen [2019] VSCA 134 at paragraph [59]…
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Loftus v The Queen
[2019] VSCA 24
Citation 6
…itigatory fashion in this case, in the limited way voiced by Mr Ranjit a short time ago. [4] Guden v The Queen [2010] VSCA 196 [5] Loftus v The Queen [2019] VSCA 24 18Charge 1 on the indictment, cultivation of a narcotic plant in a commercial quantity was a Category 2 offence, but your counsel submitted that no e…
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Allouch v The Queen
[2018] VSCA 244
Citation 7
…ered in more recent cases such as Allouch [11] and also Loftus [12] and Hague [13]. [10] Guden v The Queen [2010] VSCA 196 [11] Allouch v The Queen [2018] VSCA 244 [12] Loftus v The Queen [2019] VSCA 24 [13] Hague v The Queen [2022] VSCA 17 41I will work on the assumption that you will have your visa cancelled aut…
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Nguyen v The Queen
[2016] VSCA 198
Citation 8
(Para 139)
…crime of commercial quantity cultivation of cannabis and the weight that must be given to punishment and general deterrence. [15] Nguyen v The Queen [2016] VSCA 198 at [139] to [142] 65Now that case ( Nguyen [16]) was not focussing on low-level players. It was more directed at what were described as 'medium-level…
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Marrah v The Queen
[2014] VSCA 119
Citation 9
…at I judge to be a significantly disadvantaged background pursuant to cases such as Bugmy , Marrah [9] and Hermann . [9] Marrah v The Queen [2014] VSCA 119 29An offender's circumstances and their experience during their childhood and their formative years, must be considered in the sentencing process. It is well r…
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Bugmy v The Queen
[2013] HCA 37
Citation 10
…]); · An increased burden arising from some physical conditions and aspects of isolation arising from the language barrier. [3] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’)…
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Guden v The Queen
[2010] VSCA 196
Citation 11
…n was still a matter relied upon in a mitigatory fashion in this case, in the limited way voiced by Mr Ranjit a short time ago. [4] Guden v The Queen [2010] VSCA 196 [5] Loftus v The Queen [2019] VSCA 24 18Charge 1 on the indictment, cultivation of a narcotic plant in a commercial quantity was a Category 2 offence…
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R v Dang; R v Dang
[2010] VSCA 13
Citation 12
…abis plants in a hydroponic set up said to be a significant operation. See paragraph 22. The offending was for financial gain. [1] R v Dang; R v Dang [2010] VSCA 13 3You have been in custody since your arrest on 4 October 2022. 4The summary before me correctly sets out the offence maximum penalties and I will not…
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R v Verdins
[2007] VSCA 102
Citation 13
…upon a psychological report from Ms Cameron, though not as in any way enlivening any of the principles from the case of Verdins [2]. [2] R v Verdins [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins' ) 14Mr Ranjit made some submissions as to your personal and family background. He took me briefly either in…
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DPP v Duong
[2006] VSCA 78
Citation 14
…ubstantial punishment.[14] General deterrence is also a significant purpose of sentencing in cases such as this. It looms large. [14] DPP v Duong [2006] VSCA 78 57I have said previously and repeat, there is seemingly a never-ending stream of commercial quantity cultivators brought before this court. 58Those who m…