Tran v The Queen
[2012] VSCA 110
Citation 1
…of a term of imprisonment upon you rather than reflecting impaired mental functioning. This case is very different from Chien Trong Tran v The Queen [2012] VSCA 110 which was cited in argument. In that case the appellant had an acquired brain injury which caused him to function at a very low level and which was u…
Brayshaw v The Queen
[2011] VSCA 233
Citation 2
…30 In Brayshaw v R [2011] VSCA 233, the appellant was driving at 122 kilometres per hour in a 70 kilometre per hour zone, was under the influence of methylamphetamine, had prior convictions for drink driving and other traffic offences, had a history of drug abuse but a solid work history, and there was evidence of…
Mok v The Queen
[2011] VSCA 38
Citation 3
…31 In Mok v R [2011] VSCA 38, the appellant was driving in the inner city at 125 kilometres per hour in a 60 kilometres per hour zone. He had a blood alcohol concentration of between 0.18 per cent and 0.195 per cent, a prior conviction for drink driving and was, at the time, subject to a zero blood alcohol restri…
R v Franklin
[2009] VSCA 77
Citation 4
…32 In R v Franklin [2009] VSCA 77, the appellant had a probable blood alcohol concentration of between 0.117 per cent and 0.182 per cent, had been advised not to drive and was driving erratically, revving the engine and doing burn-outs. He struck four pedestrians, two of whom died, and one suffered long-term inju…
R v Williamson
[2009] VSCA 21
Citation 5
…33 In R v Williamson [2009] VSCA 21, the appellant had a likely blood alcohol concentration of between 0.143 per cent and 0.176 per cent. He had twice refused offers by his passengers to let them drive and was driving at 170 kilometres per hour in a 100 kilometre per hour zone. One passenger was killed and anothe…
R v Cowden
[2006] VSCA 220
Citation 6
…34 In R v Cowden [2006] VSCA 220, the appellant was driving at 108 kilometres per hour in a 70 kilometres per hour zone. He had been intentionally driving dangerously, drifting to the other side of the road and doing burn-outs. He had a probable blood alcohol concentration of between 0.059 per cent and 0.071 per c…
R v Yusuf
[2006] VSCA 178
Citation 7
…35 In R v Yusuf [2006] VSCA 178, the appellant was sentenced following trial to seven years’ imprisonment with a non-parole period of four years and six months. He had been drinking alcohol and was driving dangerously and collided with a pole whilst travelling at a minimum speed of about 96 kilometres per hour. On…