Director of Public Prosecutions v Lombardo
[2022] VSCA 204
Citation 1
…31 In the cases that were referred to, I note that Bell [2018] VSCA 281 and Lombardo [2022] VSCA 204 were both actual death cases which take them into a category higher than this matter. Indeed, in Lombardo , the appeal revolved about the operation of s5(2H) of the Sentencing Act, upon which the Director was succe…
Worboyes v The Queen
[2021] VSCA 169
Citation 2
…19 The second matter she relied on was the principles set out in Worboyes [2021] VSCA 169, [39]. Such principles make it clear that a plea effected at this time, given that we are still dealing and have been dealing with for some time the pandemic, has greater mitigatory effect and attracts a greater amelioration…
Shane David Bausch v The Queen
[2019] VSCA 235
Citation 3
…ng at .08, [40], and that the impairment to one of the victims caused profound and permanent injury. The other case referred to of Bausch v The Queen [2019] VSCA 235, on the other hand, involved grave inadvertence with grave injuries to the victim where gaol clearly was the only option. In that case, the appeal wa…
Bell v The Queen
[2018] VSCA 281
Citation 4
…31 In the cases that were referred to, I note that Bell [2018] VSCA 281 and Lombardo [2022] VSCA 204 were both actual death cases which take them into a category higher than this matter. Indeed, in Lombardo , the appeal revolved about the operation of s5(2H) of the Sentencing Act, upon which the Director was succe…
Lennon v The Queen
[2017] VSCA 85
Citation 5
…istance in the circumstances to this Court. I do accept the relevance of the determination put to me by Ms Bolton of the matter of Lennon v The Queen [2017] VSCA 85, [49], where the Court of Appeal said in regard to these offences as follows:…
Hasan v The Queen
[2010] VSCA 352
Citation 6
…stics, one notes apart from the general principles that I have referred to as to particular sentences, such are of limited use. See Hasan v The Queen [2010] VSCA 352, but of course, are yardsticks that may serve to illustrate, although not define, the possible range of sentences available. See R v Pham [2015] CLR…