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Nguyen v The Queen
[2019] VSCA 184
Citation 1
…ity of a drug of dependence contrary to the Victorian legislation, including the cases of Djordjic , John McKenzie [2018] VSCA 34 , Kha Luan Nguyen [2019] VSCA 184 and Dorry Dawid [2013] VSCA 64 . 119The cases have guided me in the identification and application of the relevant sentencing principles and reveal sen…
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Djordjic v The Queen
[2018] VSCA 227
Citation 2
…rcial quantity drug trafficking is life imprisonment. Self-evidently, the objective gravity of your offending is very serious. 96In Vladimir Djordjic [2018] VSCA 227, which concerned state large commercial quantity drug trafficking offences, Their Honours, this time with Whelan JA agreeing, said at [83], '(there i…
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McKenzie v The Queen
[2018] VSCA 34
Citation 3
…cking in a large commercial quantity of a drug of dependence contrary to the Victorian legislation, including the cases of Djordjic , John McKenzie [2018] VSCA 34 , Kha Luan Nguyen [2019] VSCA 184 and Dorry Dawid [2013] VSCA 64 . 119The cases have guided me in the identification and application of the relevant se…
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DPP v Swingler
[2017] VSCA 305
Citation 4
…chieve the purposes for which the sentence is imposed. 92I have relied on the Court of Appeal’s guidance in DPP (Vic) and DPP (Cth) v Ryan Swingler [2017] VSCA 305 to structure the state and federal sentences I will impose. 93The principles applicable to drug trafficking offences are well-established. 94In Suky Li…
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Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 5
(Para 5)
…h, with the relevant maximum penalties, I have used as a yardstick to measure your sentence. However as the High Court mentioned in DPP v Dalgleish [2017] HCA 41, at [5] – [9], current sentencing practices are but one of a number of factors that must be taken into account in determining the sentence I should imp…
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Lieu v The Queen
[2016] VSCA 277
Citation 6
…ucture the state and federal sentences I will impose. 93The principles applicable to drug trafficking offences are well-established. 94In Suky Lieu [2016] VSCA 277, Beach and Kaye JA, with Redlich JA agreeing, said at [41], 'essentially, the determination of the seriousness of the offending is informed by a range…
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Dawid v DPP
[2013] VSCA 64
Citation 7
…rary to the Victorian legislation, including the cases of Djordjic , John McKenzie [2018] VSCA 34 , Kha Luan Nguyen [2019] VSCA 184 and Dorry Dawid [2013] VSCA 64 . 119The cases have guided me in the identification and application of the relevant sentencing principles and reveal sentencing practices and sentencin…
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DPP (Cth) v Maxwell
[2013] VSCA 50
Citation 8
…ales you made and large quantities of drugs and cash seized, is that profit was your primary motive. (see Nguyen v The Queen; Phommalysak v The Queen (2011) 31 VR 673 at 695 – 6, per Maxwell P) 105While the business had several significant customers and used three premises for your operations I also accept, as a tw…
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R v Nguyen; R v Pham
[2010] NSWCCA 238
Citation 9
…ked significant quantities of drugs, considering the quantity based analysis of commercial quantity importations undertaken in DPP (Cth) v De La Rosa [2010] NSWCCA 238, which was followed in Nguyen v The Queen; Phommalysack v The Queen [2011] VSCA32, the quantities of drugs you trafficked are below the midrange when…