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Director of Public Prosecutions v Gibson

Director of Public Prosecutions v Gibson

Case [2021] VCC 100

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AGLC: Director of Public Prosecutions v Gibson [2020] VCC 100
Case: [2021] VCC 100
Decision Date: 10 February 2021

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Orders

Orders of the court

Total effective sentence of 2 years/s and 6 months/s imprisonment with a non-parole period of 20 month/s imprisonment. Further declare pre-sentence detention of 420 days.

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Citations

Director of Public Prosecutions v Gibson [2020] VCC 100

Cases Citing This Decision

Cases Cited

Statutory Material Cited

DPP v Dalgliesh (a Pseudonym) [2017] VSCA 360
Citation 1

…ce must be accorded an individual sentence based on the facts relevant to such offence, which I have of course endeavoured to do. See DPP v Dalgliesh [2017] VSCA 360.…
DPP v Natoli [2016] VSCA 35
Citation 2

…(2) Family Violence Protection Act 2008 Cases Cited: Mercer v The Queen [2015] VSCA 257 - Byrnes v R [2015] VSCA 341 - DPP v Natoli [2016] VSCA 35 - DPP v Palise [2017] VCC 1379 - Veen No.2 [1988] 164 CLR 465 Sentence:Total effective sentence of 2 years/s and 6 months/s imprisonment with a non-parole period of 20…
Jonathon Charles Byrnes v The Queen [2015] VSCA 341
Citation 3

…97(1) Crimes Act 1958 – s. 123A(2) Family Violence Protection Act 2008 Cases Cited: Mercer v The Queen [2015] VSCA 257 - Byrnes v R [2015] VSCA 341 - DPP v Natoli [2016] VSCA 35 - DPP v Palise [2017] VCC 1379 - Veen No.2 [1988] 164 CLR 465 Sentence:Total effective sentence of 2 years/s and 6 months/s imprisonment…
Mercer (a pseudonym) v The Queen [2015] VSCA 257
Citation 4

…ion Cited: s. 18, s. 20, s. 197(1) Crimes Act 1958 – s. 123A(2) Family Violence Protection Act 2008 Cases Cited: Mercer v The Queen [2015] VSCA 257 - Byrnes v R [2015] VSCA 341 - DPP v Natoli [2016] VSCA 35 - DPP v Palise [2017] VCC 1379 - Veen No.2 [1988] 164 CLR 465 Sentence:Total effective sentence of 2 years/s…
Hutchinson v The Queen [2015] VSCA 115
Citation 5 (Para 17)

…46Given such factors the words of Priest JA in Hutchinson are apposite, [2015] VSCA 115 at [17], which are as follows: 'Acknowledging that a CCO might be appropriate "even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment", it should not be thought that Bou…
Marrah v The Queen [2014] VSCA 119
Citation 6

…ific and general deterrence very important factors in sentencing men who assault their partner.' 26The prosecutor also referred to Marrah v The Queen [2014] VSCA 119 where it was stated that sentences for violent offending in a domestic context at paragraph 25: 'Must convey the unmistakeable message that male part…
Pasinis v The Queen [2014] VSCA 97
Citation 7

…all charges, the only appropriate order was actual imprisonment with a non-parole period. 24The prosecutor referred the Court to Pasinis v The Queen [2014] VSCA 97, [53] and [57] where the Court of Appeal stated that 'general deterrence is of fundamental importance in cases of domestic violence', and further exp…
Bugmy v The Queen [2013] HCA 37
Citation 8

…endured as a child. See the letters from Mr Gibson's brother and mother being Exhibit 6. 36I accept that the principles exposed in Bugmy v The Queen [2013] HCA 37, [44] apply here. However doing as best as I can to understand the impact of such deprivation on Mr Gibson's life and taking such into account by way…
Veen v The Queen (No 2) [1988] HCA 14
Citation 9

…Queen [2015] VSCA 257 - Byrnes v R [2015] VSCA 341 - DPP v Natoli [2016] VSCA 35 - DPP v Palise [2017] VCC 1379 - Veen No.2 [1988] 164 CLR 465 Sentence:Total effective sentence of 2 years/s and 6 months/s imprisonment with a non-parole period of 20 month/s imprisonment. Further declare pre-sentence detention…
DPP v Bourke [2020] VSC 130
Citation 10

…is difficult to organise, the impact on delaying trial dates caused by COVID-19 and the circumstances as reported and taking into account, in Bourke [2020] VSC 130 were relied upon. For all of those matters I provide an appropriate discount. 39I also accept that any period in gaol, not only on remand to date but…
Director of Public Prosecutions v Byrne [2020] VCC 100
Citation 11

…[2020] VCC 100…
DPP v Palise [2017] VCC 1379
Citation 12

…Act 2008 Cases Cited: Mercer v The Queen [2015] VSCA 257 - Byrnes v R [2015] VSCA 341 - DPP v Natoli [2016] VSCA 35 - DPP v Palise [2017] VCC 1379 - Veen No.2 [1988] 164 CLR 465 Sentence:Total effective sentence of 2 years/s and 6 months/s imprisonment with a non-parole period of 20 month/s imprisonment. Further…

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