Wright v The Queen
[2015] VSCA 333
Citation 1
…ended you were fully aware of the possible consequences to you and the way you might act when drug affected. 32In Wright v R [2015] VSCA 333, the Victorian Court of Appeal again revisited the issue of the relevance of drug addiction as a mitigating factor in sentencing. The Court said this, commencing at [46]: 334…
Johnston v The Queen
[2013] VSCA 362
Citation 2
…’s determination of that issue. Ibid [13], [21]; R v Lacey [2007] VSCA 196 [16]–[17]. 3548. In Johnston v The Queen, [2013] VSCA 362 the appellant had an underlying depressive illness, which both preceded and was exacerbated by his use of drugs. The Court upheld the sentencing judge’s refusal to accept that there…
R v Lacey
[2007] VSCA 196
Citation 3
…nctioning are all capable of bearing on the sentencing court’s determination of that issue. Ibid [13], [21]; R v Lacey [2007] VSCA 196 [16]–[17]. 3548. In Johnston v The Queen, [2013] VSCA 362 the appellant had an underlying depressive illness, which both preceded and was exacerbated by his use of drugs. The Court…
R v McKee
[2003] VSCA 16
Citation 4
…on in moral culpability depends upon ‘the extent to which a decision to experiment with drugs is freely made’. R v McKee [2003] VSCA 16 [13]. 3447. The sentencing court may for this purpose have regard to the circumstances which led to the development of an addiction. Youth, disadvantage and impairment of mental…