Dhal v The King
[2023] VSCA 289
Citation 1
…on [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 49I take your background into account, as far as I am able to, including as giving rise to some reduction in your culpability. There can be a softening of some of…
Newton (a pseudonym) v The King
[2023] VSCA 22
Citation 2
…and discussed in cases such as Newton [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 49I take your background into account, as far as I am able to, including as giving rise to some reduction in your culpability.…
Sabbatucci v The Queen
[2021] VSCA 340
Citation 3
…se law, including Bugmy, Herrmann and Sabatucci [6] and discussed in cases such as Newton [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 49I take your background into account, as far as I am able to, including as…
Worboyes v The Queen
[2021] VSCA 169
Citation 4
…had not, however, been entirely cleared and certainly no announcement had been made at that point that it had been cleared. [10] Worboyes v The Queen [2021] VSCA 169 ( ‘Worboyes’ ) 57I have said recently in another case, and I say also in your case, that I believe we are now at a point where any future decision to…
DPP v Herrmann
[2021] VSCA 160
Citation 5
…e offending. In fact a causal connection is very difficult to establish. [4] Bugmy v The Queen [2013] HCA 37 (‘ Bugmy ’) [5] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 48I am left in no doubt at all that your background was disadvantaged. There was a level of dysfunction and instability in your developmental ye…
Rivera v The Queen
[2020] VSCA 5
Citation 6
…that any of those were on all fours. Mr Pearson referred me to the case of Rivera [3], though again not as being on all fours. [3] Rivera v The Queen [2020] VSCA 5 25The various cases I was referred to had differences in virtually every direction and they certainly do not dictate the sentence required in this ca…
Bugmy v The Queen
[2013] HCA 37
Citation 7
…e, sizeable criminal history. Guilty plea; Worboyes v The Queen [2021]. Mental illness; R v Verdins [2007] VSCA 102; limbs 1 and 5. Bugmy v The Queen [2013] HCA 37 disadvantage. ---…
DPP v Terrick
[2009] VSCA 220
Citation 8
…ainly has. The reality is no one would choose such a background as you had and of course you had no say in it at all. [9] DPP v Terrick [2009] VSCA 220 51You are now 32 years of age. This was a serious crime. Community protection and general and specific deterrence necessarily must have a large role to play in my…
R v Verdins
[2007] VSCA 102
Citation 9
…BD. No provocation. 31 years old at time of offence, sizeable criminal history. Guilty plea; Worboyes v The Queen [2021]. Mental illness; R v Verdins [2007] VSCA 102; limbs 1 and 5. Bugmy v The Queen [2013] HCA 37 disadvantage. ---…
Director of Public Prosecutions v Chalmers (Sentence)
[2023] VSC 764
Citation 10
…of some extra weight for the many reasons set out in that decision. I take these various matters into account in mitigation. [11] DPP v Chalmers [2023] VSC 764 (“ Chalmers” ) Remorse 59Mr Pearson recognised there were real difficulties in any acceptance of the presence of genuine remorse in this case, notwithsta…