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R v Smith
[2017] SASCFC 153
Citation 1
…tted to unduly influence a sentencing process such that it would result in the imposition of an unacceptably inappropriate disposition: See R v Smith (1987) 44 SASR 587. In her written submissions Ms Forrester stated there was no evidence that you were currently suffering physical health problems. Such a conclusion a…
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R v RLP
[2009] VSCA 271
Citation 2
…s condition has arisen “because of the discovery of his crimes and his reaction to the prospect of a lengthy term of imprisonment”: see R v RLP [2009] VSCA 271 at para 26.…
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R v Iles
[2009] VSCA 197
Citation 3
…174 In further addressing me on your age and medical condition, I was referred to the decision of R v Iles [2009] VSCA 197. The Court in that decision referred to R v Cumberbatch (2004) 8 VR 9 that “an offender’s age does not militate against the imposition of a significant period of imprisonment in the appropriat…
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DPP v CPD
[2009] VSCA 114
Citation 4
…225 Most recently, in DPP v CPD [2009] VSCA 114 para 54 (regarding in that case the offence of sexual penetration of a child under 10), the court referred to the maximum penalties, and stated:…
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R v CJK
[2009] VSCA 58
Citation 5
…number of the counts before me were representative counts, and as such, the decisions of R v SBL [1999] 1 VR 706, R v RGG [2008] VSCA 94 and R v CJK [2009] VSCA 58 are relevant. Court of Appeal Justice Batt in R v SBL stated:…
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R v Zander
[2009] VSCA 10
Citation 6
…162 In R v Zander [2009] VSCA 10, Her Honour Court of Appeal Justice Dodds-Streeton stated:…
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R v RGG
[2008] VSCA 94
Citation 7
…206 A number of the counts before me were representative counts, and as such, the decisions of R v SBL [1999] 1 VR 706, R v RGG [2008] VSCA 94 and R v CJK [2009] VSCA 58 are relevant. Court of Appeal Justice Batt in R v SBL stated:…
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R v Males
[2007] VSCA 302
Citation 8
…f course I am unable to predict whether you will remain in protective custody or be in mainstream prison. I was referred to the decision of R v Males [2007] VSCA 302 and note the comments of His Honour Acting Court of Appeal Justice Whelan that where a prisoner is being held in protective custody, that is a factor…
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R v Howell
[2007] VSCA 119
Citation 9
…142 Mr Thomas referred to R v Howell (2007) 16 VR 349, and the decision of Court of Appeal Justice Nettle, para 20, relying in his submissions, upon the combination of features previously mentioned as limiting your ability to make calm, reasonable, sensible decisions through your life.…
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R v Verdins
[2007] VSCA 102
Citation 10
…149 Ms Forrester also made submissions, regarding your psychiatric and psychological issues, and in particular the principles stated in R v Verdins (2007) 16 VR 269. Ms Forrester submitted that there was no suggestion of any causal relationship between your cognitive impairment and offending behaviour, nor any sugg…
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R v Whyte
[2006] NSWCCA 75
Citation 11
…171 I was referred to the decision of R v Whyte (2004) 7 VR 397, specifically para 29. President Winneke, whilst noting that a sentencing judge must be astute to pay due attention to the age of an accused stated, “[they] must also be careful to ensure that confidence in the administration of justice is maintained…
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R v Skura
[2004] VSCA 53
Citation 12
(Para 33)
…en impacted. Further, she submitted that, in the circumstances, your moral culpability should not be affected, relying upon the decision of R v Skura [2004] VSCA 53 at [33]. Situational depression, she submitted, would not result in significant moderation of general or specific deterrence.…
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R v Cumberbatch
[2004] VSCA 37
Citation 13
…on your age and medical condition, I was referred to the decision of R v Iles [2009] VSCA 197. The Court in that decision referred to R v Cumberbatch (2004) 8 VR 9 that “an offender’s age does not militate against the imposition of a significant period of imprisonment in the appropriate case”. I note the advance…
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R H McL v The Queen
[2000] HCA 46
Citation 14
…214 I was referred to the decision of RHMcL v R (2000) 203 CLR 452 para 76, in which the Court indicated that serious sexual offenders modified the totality principle. However having said that, Ms Forrester conceded totality principles should not be ignored. That it would be appropriate there be partial cumulation of…
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R v Olbrich
[1999] HCA 54
Citation 15
…206 A number of the counts before me were representative counts, and as such, the decisions of R v SBL [1999] 1 VR 706, R v RGG [2008] VSCA 94 and R v CJK [2009] VSCA 58 are relevant. Court of Appeal Justice Batt in R v SBL stated:…
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R v Jiminez
[1999] NSWCCA 7
Citation 16
…tent to commit the offence; or (f) contributing (causally) to the commission of the offence. The Court also reframed the principles in Tsiaris [1996] 1 VR 398. I have read that decision again, as I have also read Verdins and in particular the six ways referred to within that decision of Verdins.…
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Mill v The Queen
[1988] HCA 70
Citation 17
…212 Ms Forrester conceded that totality was a relevant sentencing consideration, referring to Mills v R (1988) 166 CLR 59 at 63 in which the court stated:…