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Dhal v The King
[2023] VSCA 289
Citation 1
…[8], Newton [9] and Dhal [10] . [8] Sabatucci v The Queen [2021] VSCA 340 [9] Newton (a pseudonym) v The King [2023] VSCA 22 [10] Dhal v The King [2023] VSCA 289 63This case law makes it clear enough that social disadvantage will not attract the same weight in every case, or in the same fashion. The weight to be g…
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Watkins (a pseudonym) v The King
[2023] VSCA 203
Citation 2
…, plainly neither case is on all fours. There are differences all over the shop. Some in your favour, some not. [12] Watkins (a pseudonym) v The King [2023] VSCA 203. [13] DPP v Zane Poole (a pseudonym) [2020] VCC 340. 114My experience is that one can never find an identical case, and even if one could be found, t…
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Newton (a pseudonym) v The King
[2023] VSCA 22
Citation 3
…red also in cases such as Sabatucci [8], Newton [9] and Dhal [10] . [8] Sabatucci v The Queen [2021] VSCA 340 [9] Newton (a pseudonym) v The King [2023] VSCA 22 [10] Dhal v The King [2023] VSCA 289 63This case law makes it clear enough that social disadvantage will not attract the same weight in every case, or in…
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Sabbatucci v The Queen
[2021] VSCA 340
Citation 4
…es I have mentioned of Bugmy and Herrmann, but referred also in cases such as Sabatucci [8], Newton [9] and Dhal [10] . [8] Sabatucci v The Queen [2021] VSCA 340 [9] Newton (a pseudonym) v The King [2023] VSCA 22 [10] Dhal v The King [2023] VSCA 289 63This case law makes it clear enough that social disadvantage wi…
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DPP v Herrmann
[2021] VSCA 160
Citation 5
…including Herrmann. [7] She submitted that she was relying upon those principles in the general fashion described in the case law. [7] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 58The application of these principles does not depend upon proof of any causal connection between the background and the offending, no…
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DPP v Weybury
[2018] VSCA 120
Citation 6
…inherently serious offence. There is always a danger in trying to rank offences by seeking to apply an adjective to describe them. [14] DPP v Weybury [2018] VSCA 120. Low-level, mid-level, high-level or falling towards any of those levels, what does it really mean? It probably means different things to different p…
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Bugmy v The Queen
[2013] HCA 37
Citation 7
…Short irrelevant criminal history – Late guilty plea - R v Verdins [2007] VSCA 102 – limb 5 only. Disadvantaged background: Bugmy v The Queen [2013] HCA 37; Delay; Category 1 offence. Mandatory sentence scheme. Sex Offender Registration Act 15 years ---…
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DPP v Terrick
[2009] VSCA 220
Citation 8
…rehabilitation. See the case of Terrick. [11] Our backgrounds leave their mark and no doubt yours has left a deep mark on you. [11] DPP v Terrick [2009] VSCA 220 64I take your background into account, as far as I am able to, including as giving rise to some reduction in your culpability. Guilty Plea 65I turn now t…
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R v Verdins
[2007] VSCA 102
Citation 9
…ber 2021 but complete denials in formal police interview in February 2022. - Short irrelevant criminal history – Late guilty plea - R v Verdins [2007] VSCA 102 – limb 5 only. Disadvantaged background: Bugmy v The Queen [2013] HCA 37; Delay; Category 1 offence. Mandatory sentence scheme. Sex Offender Registration A…
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Director of Public Prosecutions v Poole (a pseudonym)
[2020] VCC 340
Citation 10
…ferences all over the shop. Some in your favour, some not. [12] Watkins (a pseudonym) v The King [2023] VSCA 203. [13] DPP v Zane Poole (a pseudonym) [2020] VCC 340. 114My experience is that one can never find an identical case, and even if one could be found, there is no such thing as one correct sentence. There…