-
Brown v the Queen
[2019] VSCA 286
Citation 1
…he case of Brown [11]. I also have regard to the discussion of the provisions set out in the Judicial College of Victoria’s Sentencing Manual. [11] [2019] VSCA 286 62Pursuant to the Sentencing Act provisions the period of 10 years is the standard sentence for the single offence of incest. It is four years for the…
-
Teryaki v The Queen
[2019] VSCA 120
Citation 2
…High Court decision of Kilic [25] , the worst category offending would receive something close enough to the maximum penalty. [24] DPP v Weybury [2019] VSCA 120 [25] Kilic v The Queen [2015] VSCA 331 93The fact is, the ability to envisage a worse example or different example, does not render the instant case any…
-
DPP v Walsh (a pseudonym)
[2018] VSCA 172
Citation 3
…missions refer to the case of Walsh [13]. They could have as easily referred to countless other cases including R v MJ [14]. [13] DPP v Walsh [2018] VSCA 172 [14] [2000] VSCA 173 73In the decision of RBN v The Queen the President of the Court of Appeal stated: 'This court has often said that incest is a crime of g…
-
Grantley (a pseudonym) v The Queen
[2018] VSCA 112
Citation 4
…speaks of the changing landscape for incest sentencing. [20] Reid (a pseudonym) v The Queen [2014] VSCA 145 [21] Grantley (a pseudonym) v The Queen [2018] VSCA 112 80It follows then, and this is conceded by your counsel, that not much guidance can be taken from the past sentencing practices referred to in Reid whi…
-
DPP v Dalgliesh (a Pseudonym)
[2017] VSCA 360
Citation 5
…by virtue of the strong observations made in the cases of Dalgleish [12]. [12] DPP v Dalgleish (a pseudonym) [2016] VSCA 148, [2017] HCA 41 and [2017] VSCA 360 71Though I must not have regard to current sentencing practice for the matters covered by the Standard Sentencing Scheme unless the Scheme applied to those…
-
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 6
…very much limited by virtue of the strong observations made in the cases of Dalgleish [12]. [12] DPP v Dalgleish (a pseudonym) [2016] VSCA 148, [2017] HCA 41 and [2017] VSCA 360 71Though I must not have regard to current sentencing practice for the matters covered by the Standard Sentencing Scheme unless the Sch…
-
Harlow v The Queen
[2017] VSCA 234
Citation 7
…rent aggravating features that might be present in another case, says very little about the seriousness of this case.[26] [26] Harlow v The Queen [2017] VSCA 234 94So where then does your conduct lie on the spectrum of offence seriousness in terms of the incest? Well, it is not in the very worst category. It is, h…
-
DPP v Hopson
[2016] VSCA 303
Citation 8
…ill of importance here. [27] Beyer v R [2011] VSCA 15 [28] R H McL v The Queen [2000] 203 CLR 452 [29] DPP v HPW [2011] VSCA 88 [30] DPP v Hopson [2016] VSCA 303 [31] Gordon v The Queen [2013] VSCA 343 Totality 99I have given consideration to the overall effect of the sentences imposed by me. I have engaged in a l…
-
DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Citation 9
…would have been very much limited by virtue of the strong observations made in the cases of Dalgleish [12]. [12] DPP v Dalgleish (a pseudonym) [2016] VSCA 148, [2017] HCA 41 and [2017] VSCA 360 71Though I must not have regard to current sentencing practice for the matters covered by the Standard Sentencing Scheme…
-
DPP (Cth) v Garside
[2016] VSCA 74
Citation 10
…[22] DPP (Cth) v Garside [2016] VSCA 74 [23] DPP (Cth) v Zarb [2014] VSCA 347 89Now your counsel spoke of the spectrum of offence seriousness and whilst conceding that the incest charges were serious, argued that one could see cases with a much higher level of depravity and seriousness. See paragraphs [18] and [1…
-
Kilic v The Queen
[2015] VSCA 331
Citation 11
…e worst category offending would receive something close enough to the maximum penalty. [24] DPP v Weybury [2019] VSCA 120 [25] Kilic v The Queen [2015] VSCA 331 93The fact is, the ability to envisage a worse example or different example, does not render the instant case any less serious than it actually is. I mus…
-
DPP (Cth) v Zarb
[2014] VSCA 347
Citation 12
…[22] DPP (Cth) v Garside [2016] VSCA 74 [23] DPP (Cth) v Zarb [2014] VSCA 347 89Now your counsel spoke of the spectrum of offence seriousness and whilst conceding that the incest charges were serious, argued that one could see cases with a much higher level of depravity and seriousness. See paragraphs [18] and [19…
-
Reid (a Pseudonym) v The Queen
[2014] VSCA 145
Citation 13
…Dalgleish . See also the case of Grantley [21] , which speaks of the changing landscape for incest sentencing. [20] Reid (a pseudonym) v The Queen [2014] VSCA 145 [21] Grantley (a pseudonym) v The Queen [2018] VSCA 112 80It follows then, and this is conceded by your counsel, that not much guidance can be taken fr…
-
Gordon v The Queen
[2013] VSCA 343
Citation 14
…2011] VSCA 15 [28] R H McL v The Queen [2000] 203 CLR 452 [29] DPP v HPW [2011] VSCA 88 [30] DPP v Hopson [2016] VSCA 303 [31] Gordon v The Queen [2013] VSCA 343 Totality 99I have given consideration to the overall effect of the sentences imposed by me. I have engaged in a last look at the overall effect in endeav…
-
RBN v The Queen
[2011] VSCA 261
Citation 15
(Para 13)
…ld, and it is notorious that it causes long-term damage to the child victims, whom it is the parent's first obligation to protect.' [15] [15] [2011] VSCA 261 at [13]…
-
DPP v HPW
[2011] VSCA 88
Citation 16
…inciples, though modified, are still of importance here. [27] Beyer v R [2011] VSCA 15 [28] R H McL v The Queen [2000] 203 CLR 452 [29] DPP v HPW [2011] VSCA 88 [30] DPP v Hopson [2016] VSCA 303 [31] Gordon v The Queen [2013] VSCA 343 Totality 99I have given consideration to the overall effect of the sentences im…
-
Beyer v R
[2011] VSCA 15
Citation 17
…still must pay regard to the principles of totality of sentence. These principles, though modified, are still of importance here. [27] Beyer v R [2011] VSCA 15 [28] R H McL v The Queen [2000] 203 CLR 452 [29] DPP v HPW [2011] VSCA 88 [30] DPP v Hopson [2016] VSCA 303 [31] Gordon v The Queen [2013] VSCA 343 Total…
-
R v Verdins
[2007] VSCA 102
Citation 18
…these crimes. Ms Swiney does not suggest there is any evidence of a link and I am not allowed to speculate about that. [9] R v Verdins [2007] VSCA 102; 16 VR 269; 169 CrimR 581 36Mr Ball carried out a risk assessment. You are a moderate risk of sexual reoffence. Of course, that risk may well reduce if you success…
-
R v Doran
[2005] VSCA 271
Citation 19
…laying of the charge relating to the child abuse material. That sort of admission is worthy of significant extra weight, see R v Doran. [10] [10] [2005] VSCA 271 42So I take into account your level of co-operation. Remorse 43I turn now to the issue of remorse. Ordinarily a guilty plea is evidence of some remorse.…
-
R v KHB
[2004] VSCA 219
Citation 20
…R v KHB [7]) . It is not just the direct victims. Their mother has had her world shattered by this conduct. It has also impacted upon Edward. [7] [2004] VSCA 219 22It is almost impossible, I am sure, to reduce these impacts into writing. Your ex-partner tries as best she can. Her life changed forever. What a predi…
-
R v Macfie
[2000] VSCA 173
Citation 21
…case of Walsh [13]. They could have as easily referred to countless other cases including R v MJ [14]. [13] DPP v Walsh [2018] VSCA 172 [14] [2000] VSCA 173 73In the decision of RBN v The Queen the President of the Court of Appeal stated: 'This court has often said that incest is a crime of great seriousness. It…
-
R H McL v The Queen
[2000] HCA 46
Citation 22
…ality of sentence. These principles, though modified, are still of importance here. [27] Beyer v R [2011] VSCA 15 [28] R H McL v The Queen [2000] 203 CLR 452 [29] DPP v HPW [2011] VSCA 88 [30] DPP v Hopson [2016] VSCA 303 [31] Gordon v The Queen [2013] VSCA 343 Totality 99I have given consideration to the over…