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Dhal v The King
[2023] VSCA 289
Citation 1
…[6], Newton [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 40I take your background into account, as far as I am able to, including as giving rise to some very modest reduction in your culpability. The case law m…
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Newton (a pseudonym) v The King
[2023] VSCA 22
Citation 2
…es of Bugmy, Herrmann and Sabatucci [6], Newton [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 40I take your background into account, as far as I am able to, including as giving rise to some very modest reduction…
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Bruce v The Queen
[2022] VSCA 100
Citation 3
…[14] Bruce v The Queen [2022] VSCA 100 ( ‘Bruce’ ) 74I am dealing with you for a single firearm. The Firearms Prohibition Order prohibited you from possessing any firearm or related item . These orders are made for reasons, and those reasons are spelt out in the document itself. See Firearm Prohibition Order at p2…
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Sabbatucci v The Queen
[2021] VSCA 340
Citation 4
…at phrase is employed in the case law, including cases of Bugmy, Herrmann and Sabatucci [6], Newton [7] and Dhal [8] . [6] Sabbatucci v The Queen [2021] VSCA 340 [7] Newton (a pseudonym) v The King [2023] VSCA 22 [8] Dhal v The King [2023] VSCA 289 40I take your background into account, as far as I am able to, inc…
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DPP v Kumas
[2021] VSCA 215
Citation 5
…mber 2018. Under that order, he was prohibited from acquiring, possessing or using any firearm or firearm-related items. [13] DPP v Kumas [2021] VSCA 215 ( ‘Kumas’ ) 72They went onto say: As this Court said in Chief Commissioner of Police v Websdale, the power to make a firearms prohibition order is conferred for…
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Quah v The Queen
[2021] VSCA 164
Citation 6
…s that it would have been a feature of aggravation had there been a between dates period alleged and there was not here. [1] Quah v The Queen [2021] VSCA 164 (“ Quah” ) 23He relied upon the following matters:…
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DPP v Herrmann
[2021] VSCA 160
Citation 7
…uggesting that your background was anything near as deprived as those we often enough see. He said it was just a matter of degree. [5] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 38The application of these principles does not depend upon proof of some causal connection between a background and the offending. Nor…
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Rahmani v The Queen
[2021] VSCA 51
Citation 8
…VSCA 311 [17] [2019] VSCA 311 [18] Sharbell v The Queen [2018] VSCA 324 [19] DPP v Condo [2019] VSCA 181 [20] Shahin Rahmani v The Queen [2021] VSCA 51 101I have mentioned the statistics but statistics are just numbers, they have inherent limitations. They do not assist me. Nor do other sentences actually greatl…
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Jason Gioffre v The Queen
[2020] VSCA 177
Citation 9
…s spoken of, in particular in this case, your role being the person in charge and your highly relevant criminal record. [3] Jason Gioffre v The Queen [2020] VSCA 177 [4] Gregory (a pseudonym) v The Queen [2017] VSCA 151 ( ‘Gregory’ ) Background 26I will turn now to your background; I am going to do that relatively…
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Djemal v The Queen
[2020] VSCA 25
Citation 10
…ge and use, for dealing in them and acquiring and disposing of them, and for their registration and secure storage. [12] Djemal v The Queen [2020] VSCA 25 69Now I am not dealing with you for possession of a trafficable quantity of weapons. Nor am I dealing with you for having unregistered general category handgun…
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DPP v Fatho
[2019] VSCA 311
Citation 11
…[20] Of course I am not dealing with you for a large commercial quantity trafficking. [16] Director of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [17] [2019] VSCA 311 [18] Sharbell v The Queen [2018] VSCA 324 [19] DPP v Condo [2019] VSCA 181 [20] Shahin Rahmani v The Queen [2021] VSCA 51 101I have mentione…
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DPP v Condo
[2019] VSCA 181
Citation 12
…ctor of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [17] [2019] VSCA 311 [18] Sharbell v The Queen [2018] VSCA 324 [19] DPP v Condo [2019] VSCA 181 [20] Shahin Rahmani v The Queen [2021] VSCA 51 101I have mentioned the statistics but statistics are just numbers, they have inherent limitations. They do not as…
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Sharbell v The Queen
[2018] VSCA 324
Citation 13
…l quantity trafficking. [16] Director of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [17] [2019] VSCA 311 [18] Sharbell v The Queen [2018] VSCA 324 [19] DPP v Condo [2019] VSCA 181 [20] Shahin Rahmani v The Queen [2021] VSCA 51 101I have mentioned the statistics but statistics are just numbers, they have inh…
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Gregory (a pseudonym) v The Queen
[2017] VSCA 151
Citation 14
…ng the person in charge and your highly relevant criminal record. [3] Jason Gioffre v The Queen [2020] VSCA 177 [4] Gregory (a pseudonym) v The Queen [2017] VSCA 151 ( ‘Gregory’ ) Background 26I will turn now to your background; I am going to do that relatively briefly. I have no particular reason not to accept ma…
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Haddara v The Queen
[2016] VSCA 168
Citation 15
…f trafficking in methylamphetamine and the need for the Courts to elevate general deterrence in the sentencing task. [10] Haddara v The Queen [2016] VSCA 168 58Duration is what it is, one day. On 5 December 2023, you were trafficking in a commercial quantity of methylamphetamine, as you were on that day in possess…
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Bugmy v The Queen
[2013] HCA 37
Citation 16
…[2] Bugmy v The Queen [2013] HCA 37 (‘ Bugmy’ )…
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DPP v Terrick
[2009] VSCA 220
Citation 17
…r life including early resort to drug use. Drug use was however not being put forward on a mitigatory basis here and it is not. [9] DPP v Terrick [2009] VSCA 220 41You are now 37 years of age. You were 36 at the time of these crimes. You just keep trafficking in drugs despite prison sentences being imposed upon yo…