Chenhall v The Queen
[2021] VSCA 175
Citation 1
…, he or she must ensure that the plea of guilty results in a perceptible amelioration of sentence.' See also Chenhall v R [2021] VSCA 175. 28In the course of the plea, letters you had written to the victims were read. In them, you expressed your remorse for your conduct and attempted to reassure them that they sto…
Worboyes v The Queen
[2021] VSCA 169
Citation 2
(Para 35)
…trial. You are entitled to have these matters taken into account in mitigation of penalty, and I have done so. [3] Worboyes v R [2021] VSCA 169 at [35], [39]: 'We therefore consider that, whilst the courts of this State continue to labour under the adverse effects of the pandemic, a sentencing court should view a…
Brown v The Queen
[2020] VSCA 212
Citation 3
(Para 6)
…ces; and denunciation is less likely to be a relevant sentencing objective.” See also Brown v The Queen [2020] VSCA 212 at [6]. 42It was submitted by reference to the principles enunciated in Bugmy , [7] and not in dispute on the plea, that having regard to the circumstances of your upbringing your moral culpabili…
Sanyasi v The Queen
[2019] VSCA 227
Citation 4
…rosecutions v Garth (Ruling) [2021] VCC 1932, 3 [11]. [5]See R v Martin [2007] VSCA 291 and Sanyasi v The Queen [2019] VSCA 227 36I have taken into account your background and personal circumstances. These are extensively canvassed in the psychiatric and psychological reports and the clinical records that were exa…
Bugmy v The Queen
[2013] HCA 37
Citation 5
(Para 42)
…gard to the circumstances of your upbringing your moral culpability for this offending is moderated. [7](2013) 249 CLR 571 at [42] – [44] 43Further, it was submitted that Verdins principles five and six had work to do here. I accept that this is so, as the extensively documented engagement you have had with mental he…
R v Martin
[2007] VSCA 291
Citation 6
…n 1 November 2019 - Director of Public Prosecutions v Garth (Ruling) [2021] VCC 1932, 3 [11]. [5]See R v Martin [2007] VSCA 291 and Sanyasi v The Queen [2019] VSCA 227 36I have taken into account your background and personal circumstances. These are extensively canvassed in the psychiatric and psychological report…
R v Verdins
[2007] VSCA 102
Citation 7
(Para 32)
…ll the circumstances, I have given modest weight to the first of Verdins principles.[6] [6] R v Verdins & Ors [2007] VSCA 102 at [32]: “1. The condition may reduce the moral culpability of the offending conduct, as distinct from the offender’s legal responsibility. Where that is so, the condition affects the punis…