Worboyes v The Queen
[2021] VSCA 169
Citation 1
…is entitled to an appropriate discount for such plea. In addition, given the plea has an enhanced utilitarian benefit, the principle of Worboyes [2021] VSCA 169, [39], apply, where greater weight must be given to a plea in these pandemic circumstances, and I suppose you need no greater indication of that than the…
DPP v Rivette
[2017] VSCA 150
Citation 2
…d to all charges, such being, in my view, despite the submission otherwise by the prosecutor, consistent with the principles set out in DPP v Rivette [2017] VSCA 150. The community correction order pursuant to s44 is to be for three years. 59The imprisonment portion will be 22 days, hence at the end of these sente…
DPP (Cth) v Maxwell
[2013] VSCA 50
Citation 3
…ere I accept that we are at the lower end of the potential value of drugs that can be marketed. I was referred by Mr Pearson to DPP (Cth) v Maxwell [2013] VSCA 50, [33] to [34], and the phrase used there, the reward differential. I should then add Charges 7 and 9 which are serious instances of possession, as I ha…
R v Dixon
[2007] NZCA 398
Citation 4
…offence, if in the long term the community interest will be best served by that course.' 51The President referred to a case from ACT of R v Dixon (1975) 22 ACTR 13 and quoted Fox J where His Honour said: 'When, therefore, a Court has to consider whether to send a young person to gaol for the first time, it has to ta…
R v Merrett
[2007] VSCA 1
Citation 5
…hat almost everything which his Honour said is still appropriate 30 years later.' 53I refer also to the President's comments in R v Merrett & Ors [2007] VSCA 1, [49] where His Honour said: 'As I said in The Queen v Tiburcy , the sentencing Court looks to the future as well as to the past. There is a very great b…
R v Pidoto and O'Dea
[2006] VSCA 185
Citation 6
…that such a penalty imposed by Parliament indicates its seriousness. In assessing this I do however accept Mr Pearson's point that while post Pidoto [2006] VSCA 185, [38] –[41], we are involved in assessing these crimes in a volume-based scheme, and there is no discrimination in so far as drugs and their effect a…
DPP v Tokava
[2006] VSCA 156
Citation 7
…ticular of Charge 1, consideration of what to do with Mr Andrew Hourigan has been exquisite. In regard to rehabilitation, I refer to DPP v Tokava [2006] VSCA 156, the President at paragraph 21 said: 'A sentencing judge should be astute to investigate whether a non-custodial disposition is to be preferred, even in…