Worboyes v The Queen
[2021] VSCA 169
Citation 1
…of ICSI. Past intimate partner; Summary offences: commit indictable offence on bail and possess controlled weapon.; Early Plea; Worboyes v The Queen [2021] VSCA 169; COVID-19; 31 years of age with relevant criminal history. On bail at time of offending ---…
Micah Packard (a pseudonym)[1] v The Queen
[2021] VSCA 56
Citation 2
…Nash v R (2013) 40 VR 134 (“ Nash” ) [4] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (“ Bugmy ”) [5] Micah Packard (a pseudonym) v The Queen [2021] VSCA 56 32I will discuss these various submissions shortly. Background 33I will turn firstly though to your background. The material placed before me as to your back…
DPP v Snow (a pseudonym)
[2020] VSCA 67
Citation 3
…n the mitigatory value will rise (see the case of Snow [7]). [6] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [7] DPP v Snow (a pseudonym) [2020] VSCA 67 ( “Snow” ) 54Whilst greater weight will be given where there is that direct nexus, these Bugmy [8] principles do not depend on the existence of some proven direc…
Lukudu v The Queen
[2019] VSCA 248
Citation 4
(Para 47)
…ssisted by looking at other cases. I note the Court of Appeal in the case of Lukudu [12] endorsed that sentiment. [12] Lukudu v The Queen [2019] VSCA 248 at [47] 92The case of Packard [13] to which I was referred, had so many differences as to be of no use to me at all. A person of good character with no violence…
DPP v Evans
[2019] VSCA 239
Citation 5
…rrence and the reality of sentences in the high single figures and into double figures for some instances of this crime. [15] DPP v Evans [2019] VSCA 239 94Priest JA said at paragraph 55 of Nash that the circumstances of the commission of this offence are almost infinitely variable and therefore the sentences impo…
Marrah v The Queen
[2014] VSCA 119
Citation 6
…weight to your background, as that phrase is used in cases such as Bugmy, Marrah [9] , Snow and Terrick . [9] Marrah v The Queen [2014] VSCA 119 58I turn now then to consider the other matters that have been raised by your counsel. Guilty Plea 59The first of those matters is your guilty plea. 60You have pleaded g…
Bugmy v The Queen
[2013] HCA 37
Citation 7
…indeed of the inherently serious offence of intentionally causing serious injury. [3] Nash v R (2013) 40 VR 134 (“ Nash” ) [4] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (“ Bugmy ”) [5] Micah Packard (a pseudonym) v The Queen [2021] VSCA 56 32I will discuss these various submissions shortly. Background 33I wi…
Nash v The Queen
[2013] VSCA 172
Citation 8
…herself conceded that this was a very serious instance indeed of the inherently serious offence of intentionally causing serious injury. [3] Nash v R (2013) 40 VR 134 (“ Nash” ) [4] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (“ Bugmy ”) [5] Micah Packard (a pseudonym) v The Queen [2021] VSCA 56 32I will discuss t…
DPP v Terrick
[2009] VSCA 220
Citation 9
…ough, from the case law that where there is a strong nexus, then the mitigatory value will rise (see the case of Snow [7]). [6] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [7] DPP v Snow (a pseudonym) [2020] VSCA 67 ( “Snow” ) 54Whilst greater weight will be given where there is that direct nexus, these Bugmy [8]…
R v Verdins
[2007] VSCA 102
Citation 10
…es as I am required to. In Mitigation 25Your counsel, Ms Dulcie, had prepared some written plea submissions dated [1] R v Verdins [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (“ Verdins” ) 8 September 2022. In the course of the plea she retreated to some extent from some of the written submissions, for instance, t…