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Jawahiri v The Queen
[2021] VSCA 287
Citation 1
…9]. See also the recent case of Jawahiri[10] which discussed some of these principles. [9] DPP v Lawrence [2004] VSCA 154 [10] Jawahiri v The Queen [2021] VSCA 287 51 The law ordinarily treats youth as a matter of importance. Young people are less mature and more prone to acting under peer pressure or without real…
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Fariah v The Queen
[2021] VSCA 213
Citation 2
…imum periods and the sentencing task in such cases. Principally the case of Mammoliti[2], but also Johns[3] and Esmaili [4]. [1] Fariah v The Queen [2021] VSCA 213 [2] Mammoliti v The Queen [2020] VSCA 52 [3] Johns v The Queen [2020] VSCA 135 [4] Esmaili v The Queen [2020] VSCA 63 Facts 6 Ms Malobabic appeared to…
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Worboyes v The Queen
[2021] VSCA 169
Citation 3
…e decision of Worboyes[6]. There is an ever-growing backlog of cases waiting for a hearing and your case is not one of them. [6] Worboyes v The Queen [2021] VSCA 169 44 I take these various matters into account in mitigation. Remorse 45 Your counsel pointed to your plea and argued it was indicative of some remorse…
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Johns v The Queen
[2020] VSCA 135
Citation 4
…moliti[2], but also Johns[3] and Esmaili [4]. [1] Fariah v The Queen [2021] VSCA 213 [2] Mammoliti v The Queen [2020] VSCA 52 [3] Johns v The Queen [2020] VSCA 135 [4] Esmaili v The Queen [2020] VSCA 63 Facts 6 Ms Malobabic appeared to prosecute on the plea and relied upon a lengthy written amended summary of pros…
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Esmaili v The Queen
[2020] VSCA 63
Citation 5
…[4]. [1] Fariah v The Queen [2021] VSCA 213 [2] Mammoliti v The Queen [2020] VSCA 52 [3] Johns v The Queen [2020] VSCA 135 [4] Esmaili v The Queen [2020] VSCA 63 Facts 6 Ms Malobabic appeared to prosecute on the plea and relied upon a lengthy written amended summary of prosecution opening that was dated 15 Novem…
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Jason Mammoliti v The Queen
[2020] VSCA 52
Citation 6
…ch cases. Principally the case of Mammoliti[2], but also Johns[3] and Esmaili [4]. [1] Fariah v The Queen [2021] VSCA 213 [2] Mammoliti v The Queen [2020] VSCA 52 [3] Johns v The Queen [2020] VSCA 135 [4] Esmaili v The Queen [2020] VSCA 63 Facts 6 Ms Malobabic appeared to prosecute on the plea and relied upon a l…
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Lukudu v The Queen
[2019] VSCA 248
Citation 7
…jury. I note also the observation in Lukudu that sentences have increased for the crime of ICSI – see paragraph 46. [12] Lukudu v The Queen [2019] VSCA 248 [13] Director of Public Prosecutions v Matthew John Evans [2019] VSCA 239 80 In the case of Nash a case to which your counsel referred, Priest JA said that the…
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DPP v Evans
[2019] VSCA 239
Citation 8
…for the crime of ICSI – see paragraph 46. [12] Lukudu v The Queen [2019] VSCA 248 [13] Director of Public Prosecutions v Matthew John Evans [2019] VSCA 239 80 In the case of Nash a case to which your counsel referred, Priest JA said that the experience shows that the circumstances of the commission of the offence…
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Bugmy v The Queen
[2013] HCA 37
Citation 9
…5] . Those principles, of course, do not require any causative link but they were not being relied upon here. She was explicit. [5] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 ( “Bugmy” ) 28 She asked me not to ignore your background. Well, of course I will not. After all, you are the person I am sentencing. 29…
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Nash v The Queen
[2013] VSCA 172
Citation 10
…se of Nash[11] dealing with that crime and the principles at play including the assessment of gravity of the given offence. [11] Nash v The Queen [2013] VSCA 172 (“ Nash ”) 76 I am dealing with you for intentionally causing serious injury, but with the additional element that it was committed in circumstances of g…
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Azzopardi v The Queen
[2011] VSCA 372
Citation 11
…aling with a youthful offender. So she referred to the cases of Mills[7] and Azzopardi[8] . [7] R v Mills [1998] 4 VR 235 [8] Azzopardi v The Queen [2011] VSCA 372 50 There are references in a number of cases to the reduced weight which sometimes must be given to youth. See Azzopardi and Lawrence[9]. See also the…
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DPP v Terrick
[2009] VSCA 220
Citation 12
…m had become unconscious; and iii) the victim sustained very severe injuries. [16] DPP v Zullo [2004] VSCA 153 (“ Zullo ”) [17] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [18] R v Huynh [2004] VSCA 156 (“Huynh”) [19] R v Sa [2004] VSCA 182 (“Sa”)…
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R v Sa
[2004] VSCA 182
Citation 13
…llo [2004] VSCA 153 (“ Zullo ”) [17] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [18] R v Huynh [2004] VSCA 156 (“Huynh”) [19] R v Sa [2004] VSCA 182 (“Sa”)…
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R v Huynh
[2004] VSCA 156
Citation 14
…tained very severe injuries. [16] DPP v Zullo [2004] VSCA 153 (“ Zullo ”) [17] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [18] R v Huynh [2004] VSCA 156 (“Huynh”) [19] R v Sa [2004] VSCA 182 (“Sa”)…
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DPP v Lawrence
[2004] VSCA 154
Citation 15
…iven to youth. See Azzopardi and Lawrence[9]. See also the recent case of Jawahiri[10] which discussed some of these principles. [9] DPP v Lawrence [2004] VSCA 154 [10] Jawahiri v The Queen [2021] VSCA 287 51 The law ordinarily treats youth as a matter of importance. Young people are less mature and more prone to…
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DPP v Zullo
[2004] VSCA 153
Citation 16
…s unprovoked; ii) that it continued after the victim had become unconscious; and iii) the victim sustained very severe injuries. [16] DPP v Zullo [2004] VSCA 153 (“ Zullo ”) [17] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) [18] R v Huynh [2004] VSCA 156 (“Huynh”) [19] R v Sa [2004] VSCA 182 (“Sa”)…
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R v Wright
[1998] VSCA 84
Citation 17
…ered and applied when a court is dealing with a youthful offender. So she referred to the cases of Mills[7] and Azzopardi[8] . [7] R v Mills [1998] 4 VR 235 [8] Azzopardi v The Queen [2011] VSCA 372 50 There are references in a number of cases to the reduced weight which sometimes must be given to youth. Se…