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Director of Public Prosecutions v Haynes (a pseudonym)

Director of Public Prosecutions v Haynes (a pseudonym)

Case [2023] VCC 1400

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AGLC: Director of Public Prosecutions v Haynes (a pseudonym) [2023] VCC 1400
Case: [2023] VCC 1400
Decision Date: 9 August 2023

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Director of Public Prosecutions v Haynes (a pseudonym) [2023] VCC 1400

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Bidong v The Queen [2022] VSCA 33
Citation 1

…6 VR 269; 169 A Crim R 581 (' Verdins' ) [8] Sayer v The Queen [2018] VSCA 177 ( ‘Sayer’) [9] Bidong v The Queen [2022] VSCA 33 (‘ Bidong’ ) [10] Stalio v The Queen [2012] VSCA 120 ( ‘Stalio’ ) [11] DPP v Carter (a pseudonym) [2018] VSCA 88 ( ‘Carter’ )…
Boxer (a pseudonym) v The Queen [2021] VSCA 300
Citation 2

…ur counsel referred me to the decision of DPP v Tewksbury [2018] VSCA 38. [31] Trangle (a pseudonym) v R [2021] VSCA 210 [32] Boxer (a pseudonym) v R [2021] VSCA 300 82Quite aside from the change to sentencing practices brought about by Dalgliesh, one always has to be careful looking at other cases. Every case is…
Trangle (a pseudonym) v R [2021] VSCA 210
Citation 3

…the cases of Trangle [31] and Boxer [32] . Your counsel referred me to the decision of DPP v Tewksbury [2018] VSCA 38. [31] Trangle (a pseudonym) v R [2021] VSCA 210 [32] Boxer (a pseudonym) v R [2021] VSCA 300 82Quite aside from the change to sentencing practices brought about by Dalgliesh, one always has to be c…
DPP v Herrmann [2021] VSCA 160
Citation 4

…[12] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’) [13] Marrah v The Queen [2014] VSCA 119 (‘ Marrah ’) [14] DPP v Herrmann [2021] VSCA 160 (‘ Hermann’ ) 29As I understand it, you worked for one employer for over 40 years, working your way up from a very junior role as a bobbin boy. You then went on to…
Sayer v The Queen [2018] VSCA 177
Citation 5

…time of sentence. Totality; Considerations in relation to past sentence imposed in 2011. Relevance of Past sentencing practices Sayer v The Queen [2018] VSCA 177; Stalio v The Queen [2012] VSCA 120 ; DPP v Carter (a pseudonym) [2018] VSCA 88 ; Verdins limb 5…
Carter (a pseudonym) v The Queen [2018] VSCA 88
Citation 6

…n 2011. Relevance of Past sentencing practices Sayer v The Queen [2018] VSCA 177; Stalio v The Queen [2012] VSCA 120 ; DPP v Carter (a pseudonym) [2018] VSCA 88 ; Verdins limb 5…
DPP v Tewksbury (a pseudonym) [2018] VSCA 38
Citation 7

…rong statements in many cases since, including the cases of Trangle [31] and Boxer [32] . Your counsel referred me to the decision of DPP v Tewksbury [2018] VSCA 38. [31] Trangle (a pseudonym) v R [2021] VSCA 210 [32] Boxer (a pseudonym) v R [2021] VSCA 300 82Quite aside from the change to sentencing practices br…
DPP v Dalgliesh (a Pseudonym) [2017] VSCA 360
Citation 8

…ter , to which I was referred by your Counsel , sets out some of that tortured chronology in relation to the cases. [25] [2016] VSCA 148 [26] [2017] VSCA 360 73The crime of incest has always been viewed very seriously by the Parliament. The Courts have always spoken of its seriousness but according to Dalgliesh ha…
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41
Citation 9

…decision. Further, of course, much of the data in that Snapshot would relate to matters where there has been a guilty plea. [24] DPP v Dalgliesh [2017] HCA 41 (‘ Dalgleish’ ) 72The sentencing practices for the crime of incest have undergone very significant changes in this State owing to the strong observations…
Harlow v The Queen [2017] VSCA 234
Citation 10

…, especially where the crimes before the court have their own aggravating features present (see the case of Harlow [34]). [34] Harlow v The Queen [2017] VSCA 234 96Viewed objectively, this was plainly serious offending. That is conceded. Incest is inherently a serious offence. That is conceded. Plainly these examp…
Talbot (a Pseudonym) v The Queen [2016] VSCA 218
Citation 11

…of Talbot, [29] of KHB. [30] [28](Unreported, Supreme Court of Victoria Court of Appeal, Marks, Hampel and McDonald JJA, 8 June 1993) [29] Talbot v R [2016] VSCA 218 [30] R v KHB [2004] VSCA 219 77The Dalgliesh decisions of our Court of Appeal provide clear statements as to the seriousness of the crime of incest.…
DPP v Dalgliesh (a pseudonym) [2016] VSCA 148
Citation 12

…The later case of Carter , to which I was referred by your Counsel , sets out some of that tortured chronology in relation to the cases. [25] [2016] VSCA 148 [26] [2017] VSCA 360 73The crime of incest has always been viewed very seriously by the Parliament. The Courts have always spoken of its seriousness but acco…
Marrah v The Queen [2014] VSCA 119
Citation 13

…u were expected to contribute wages to the household. [12] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’) [13] Marrah v The Queen [2014] VSCA 119 (‘ Marrah ’) [14] DPP v Herrmann [2021] VSCA 160 (‘ Hermann’ ) 29As I understand it, you worked for one employer for over 40 years, working your way up from a…
Bugmy v The Queen [2013] HCA 37
Citation 14

…were brought up. You left school in Year 9 and at the age of 14 you were expected to contribute wages to the household. [12] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’) [13] Marrah v The Queen [2014] VSCA 119 (‘ Marrah ’) [14] DPP v Herrmann [2021] VSCA 160 (‘ Hermann’ ) 29As I understand it, you w…
Stalio v The Queen [2012] VSCA 120
Citation 15

…ations in relation to past sentence imposed in 2011. Relevance of Past sentencing practices Sayer v The Queen [2018] VSCA 177; Stalio v The Queen [2012] VSCA 120 ; DPP v Carter (a pseudonym) [2018] VSCA 88 ; Verdins limb 5…
TRG v The Queen [2011] VSCA 337
Citation 16

…many cases discussed within those two decisions and also such cases as referred to by your counsel. [19] R v RLP [2009] VSCA 271 [20] TRG v R [2011] VSCA 337 49I have said already as to your health, I see no material legitimately spelling out any particular increased burden arising from physical health issues. 50Y…
RBN v The Queen [2011] VSCA 261
Citation 17

…nd child and it is notorious that it causes long-term damage to the child victims, whom it is the parent's first obligation to protect.' [27] [2011] VSCA 261…
R v LD [2009] VSCA 311
Citation 18

…ment from the Court of Appeal in the case of R v LD [23] to which I was referred as to the limited actual impact of the directive in s6D. [23] R v LD [2009] VSCA 311 68General deterrence is however an important purpose of sentencing in this case and that is conceded to be so by Mr Battersby. I must try to deter ot…
R v RLP [2009] VSCA 271
Citation 19

…and TRG [20], as well as the many cases discussed within those two decisions and also such cases as referred to by your counsel. [19] R v RLP [2009] VSCA 271 [20] TRG v R [2011] VSCA 337 49I have said already as to your health, I see no material legitimately spelling out any particular increased burden arising fro…
R v RNT [2009] VSCA 137
Citation 20 (Para 16)

…hat sentence is required to protect the community will necessarily depend upon my assessment of the risks that you present (see R v RNT [35]). [35] [2009] VSCA 137 at [16] 105I have the relationship between Charge 1 and 2 and then Charge 3 and 4. Those two sets of offences occurred on the same occasion. By that I…
R v Verdins [2007] VSCA 102
Citation 21

…ctices as existed closer to the offending ( Sayer [8] , Bidong [9] and Stalio [10] and Carter [11]). [7] R v Verdins [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 (' Verdins' ) [8] Sayer v The Queen [2018] VSCA 177 ( ‘Sayer’) [9] Bidong v The Queen [2022] VSCA 33 (‘ Bidong’ ) [10] Stalio v The Queen [2012] VSCA 120…
R v Merrett [2007] VSCA 1
Citation 22

…paragraph 20-22 of Judge Chettle's sentencing remarks). [21] R v Cockerell [2001] VSCA 239; 126 A Crim R 444 [22] R v Merrett [2007] VSCA 1; 14 VR 392 58In this case there was no report by your victim. The matter did not come to light. It is commonplace for a victim not to report these sorts of matters. The sign…
R v KHB [2004] VSCA 219
Citation 23

…[28](Unreported, Supreme Court of Victoria Court of Appeal, Marks, Hampel and McDonald JJA, 8 June 1993) [29] Talbot v R [2016] VSCA 218 [30] R v KHB [2004] VSCA 219 77The Dalgliesh decisions of our Court of Appeal provide clear statements as to the seriousness of the crime of incest. The Court of Appeal spelt out…
R v Cockerell [2001] VSCA 239
Citation 24

…matter hanging over your head for some years (see paragraph 20-22 of Judge Chettle's sentencing remarks). [21] R v Cockerell [2001] VSCA 239; 126 A Crim R 444 [22] R v Merrett [2007] VSCA 1; 14 VR 392 58In this case there was no report by your victim. The matter did not come to light. It is commonplace for a vict…
Director of Public Prosecutions v Churchill (a pseudonym) [2023] VCC 300
Citation 25

…have regard to that lower sentencing practice as existed. It is but one of the factors that go into my sentencing synthesis. [33] DPP v Churchill [2023] VCC 300 93I have mentioned already that the statistics have inherent difficulties. Whatever might be said of them, they tell me nothing about the finer detail of…

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