Mourkakos v R
[2018] VSCA 26
Citation 1
(Para 1)
…Mr Desmond referred to Mourkakos v R [2018] VSCA 26. At paragraph 118 of the joint judgment, the Court of Appeal stated: 'The mere fact that an offender was addicted to drugs at the time of the commission of an offence is not ordinarily a mitigating factor. However, there may be circumstances in which an offender…
Phillips v The Queen
[2017] VSCA 313
Citation 2
(Para 1)
…Mr Desmond relied on Phillips v R; Liszczak v R [2017] VSCA 313 and submitted that there should be significant concurrence of sentences. In particular, Mr Desmond submitted that the sentencing discretion must have regard to considerations of totality, the need to reflect any overlapping criminality across the offe…
Kalala v The Queen
[2017] VSCA 223
Citation 3
(Para 1)
…mestic violence within your relationship escalated the gravity of your offending and culpability. Reliance was placed on the decision of Kalala v R , [2017] VSCA 223 in support of that submission.…
Haydar Ali v The Queen
[2014] VSCA 117
Citation 4
(Para 1)
…Ms Franco was taken and carried away against her will, the taking away continued for some time afterwards in both instances.[2] [2] See Ali & Ors v R [2014] VSCA 117…
Director of Public Prosecutions v Castillo (a pseudonym)
[2020] VCC 289
Citation 5
(Para 1)
…More recently, in DPP v Castillo (a Pseudonym), [2020] VCC 289, the defendant who was 20 years of age at the time of his offending, and 21 at the time of sentence, and who pleaded guilty at the earliest reasonable opportunity, was sentenced to 20 months imprisonment for kidnapping his former partner. In DPP v Her…
Director of Public Prosecutions v Herring (a pseudonym)
[2019] VCC 2229
Citation 6
(Para 1)
…ty at the earliest reasonable opportunity, was sentenced to 20 months imprisonment for kidnapping his former partner. In DPP v Herring (a Pseudonym), [2019] VCC 2229, the 21 year old offender, who was 20 at the time he kidnapped his partner, was sentenced to 445 days imprisonment, which was time served, on the cha…
DPP v Palise
[2017] VCC 1379
Citation 7
(Para 1)
…submissions, it was submitted that I should impose a community correction order. Reliance was placed on three decisions of this court - DPP v Palise [2017] VCC 1379; D PP v Baker [2016] VCC 392; and DPP v Flavel [2016] VCC 988, the latter two cases resulting in community correction order dispositions for the char…
Director of Public Prosecutions v Flavel
[2016] VCC 988
Citation 8
(Para 1)
…correction order. Reliance was placed on three decisions of this court - DPP v Palise [2017] VCC 1379; D PP v Baker [2016] VCC 392; and DPP v Flavel [2016] VCC 988, the latter two cases resulting in community correction order dispositions for the charge of kidnapping, the former resulting in a combined gaol sent…
Director of Public Prosecutions v Baker
[2016] VCC 392
Citation 9
(Para 1)
…that I should impose a community correction order. Reliance was placed on three decisions of this court - DPP v Palise [2017] VCC 1379; D PP v Baker [2016] VCC 392; and DPP v Flavel [2016] VCC 988, the latter two cases resulting in community correction order dispositions for the charge of kidnapping, the former…