Hague v The Queen
[2019] VSCA 218
Citation 1
…laffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; Smith [2020] VCC 656 [15] [2012] VSCA 120. [16] [2019] VSCA 218 [252]. 57 I have been guided and I have applied what the High Court in Dalgleish ,[17] described as ‘individualised sentencing’ with respect to all matte…
Gill v The Queen
[2019] VSCA 92
Citation 2
…ion in a particular case and does not cap and collar the sentence, past practice cannot have a greater or more controlling effect’.[16] [14] Gill [2019] VSCA 92, DPP v Ridsdale [2020] VSCA 597 (14 May 2020); DPP v Claffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; S…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 3
…applied what the High Court in Dalgleish ,[17] described as ‘individualised sentencing’ with respect to all matters including s 5(2)(b). [17] [2017] HCA 41. 58 In the end, I am of the view that the sentences imposed by Chief Judge Kidd are a broad guide as to what is the just and appropriate sentence for the cri…
Morris v The Queen
[2016] VSCA 331
Citation 4
…d masturbating him... While not penetrative, each such act is a serious invasion of the victim’s bodily integrity and autonomy’.[5] [4] [2016] VSCA 331. [5] Ibid [60]. 16 Overall, in assessing the gravity of your crimes, it seems to me, by any measure these crimes are serious, and each is a relatively grave exampl…
Gordon v The Queen
[2013] VSCA 343
Citation 5
…ortantly observed that one factor that would weigh in favour of cumulation would be when the objective gravity of the total offending increases. [13] [2013] VSCA 343. 51 Here the only description that can be given to these four offences, in particular, charge 3 the offence of buggery, is that the objective gravity…
Stalio v The Queen
[2012] VSCA 120
Citation 6
…(14 May 2020); DPP v Claffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; Smith [2020] VCC 656 [15] [2012] VSCA 120. [16] [2019] VSCA 218 [252]. 57 I have been guided and I have applied what the High Court in Dalgleish ,[17] described as ‘individualised sentencing’ wit…
DPP v Toomey
[2006] VSCA 90
Citation 7
…ors. They must be seen to vindicate the values of the society that they represent, fundamental to which is the protection of its children.[7] [6] [2006] VSCA 90. [7] Ibid [17].…
R H McL v The Queen
[2000] HCA 46
Citation 8
…legislative policy inherent in s 16(3A) by applying the totality principle to the sentences as if that section was not on the statute book. [12] [2000] HCA 46 [76].…
Director of Public Prosecutions v Smith
[2020] VCC 656
Citation 9
…ale [2020] VSCA 597 (14 May 2020); DPP v Claffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; Smith [2020] VCC 656 [15] [2012] VSCA 120. [16] [2019] VSCA 218 [252]. 57 I have been guided and I have applied what the High Court in Dalgleish ,[17] described as ‘individua…
Director of Public Prosecutions v Claffey
[2019] VCC 1068
Citation 10
…tice cannot have a greater or more controlling effect’.[16] [14] Gill [2019] VSCA 92, DPP v Ridsdale [2020] VSCA 597 (14 May 2020); DPP v Claffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; Smith [2020] VCC 656 [15] [2012] VSCA 120. [16] [2019] VSCA 218 [252]. 57 I ha…
Director of Public Prosecutions v Klep
[2014] VCC 2294
Citation 11
…r more controlling effect’.[16] [14] Gill [2019] VSCA 92, DPP v Ridsdale [2020] VSCA 597 (14 May 2020); DPP v Claffey [2019] VCC 1068; DPP v Klep [2014] VCC 2294; Kovac [2017] VCC; DPP v Paull [2020] VCC 484; Smith [2020] VCC 656 [15] [2012] VSCA 120. [16] [2019] VSCA 218 [252]. 57 I have been guided and I have ap…