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Cases Citing This Decision
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Statutory Material Cited
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DPP v Hudgson
[2016] VSCA 254
Citation 1
(Para 85)
…causing serious injury in circumstances of gross violence must be viewed by the courts as being extraordinarily serious.”[15] [14] DPP v Hudgson [2016] VSCA 254 [15] ibid at [85] 94The court noted that there is yet no established sentencing practice through appellate judgments for the aggravated form of intention…
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Chol v The Queen
[2016] VSCA 252
Citation 2
…arily be key indicators of seriousness whereas the presence of one or more of the other factors would likely aggravate the seriousness. [11] Chol v R [2016] VSCA 252 88The Court in Chol looked at sentences for other cases involving the causing of serious injury intentionally and stated that Nash and the case of Ce…
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Kilic v The Queen
[2015] VSCA 331
Citation 3
…ea, in my view the most appropriate comparison despite the lack of circumstances of gross violence is the case of Kilic v R [17] . [17] Kilic v R [2015] VSCA 331 97The circumstances of that case are well known and involve one charge of intentionally causing serious injury committed in a setting of an intimate rela…
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Pasinis v The Queen
[2014] VSCA 97
Citation 4
…previously. This makes both specific and general deterrence very important factors in sentencing men who assault their partner." [9] Pasinis v R [2014] VSCA 97…
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Nash v The Queen
[2013] VSCA 172
Citation 5
…; ·whether a weapon was used; how long the attack lasted; ·whether it was committed alone or in company. [10] Nash v R [2013] VSCA 172…
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Robbins v The Queen
[2012] VSCA 34
Citation 6
…long disabilities. The offender had no prior convictions and expressed what was said to be profound remorse. He was sentenced to [19] Robbins v R [2012] VSCA 34 11 years' imprisonment. 104In this court, in the case of DPP v Lindsay [20] for a charge of intentionally causing serious injury - again, without gross v…
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Cedic v The Queen
[2011] VSCA 258
Citation 7
…yard sticks against which to examine a proposed sentence for an offence of intentionally cause injury in that category of seriousness. [12] Cedic v R [2011] VSCA 258 89What the discussion in Chol shows again though is that although comparison with other cases assists in determining current sentencing practices, in…
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DPP v Terrick
[2009] VSCA 220
Citation 8
…juries but noted it was not a case of domestic violence perpetrated against a woman in abuse of a relationship of trust. [18] DPP v Terrick & Ors [2009] VSCA 220 103In the case of Robbins v R [19], such a relationship existed. The offender attacked his wife with a claw hammer, striking her three times to the back…
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DPP v Zullo
[2004] VSCA 153
Citation 9
…ntionally, it may be so grave as to produce consequences so serious as to warrant a penalty similar to the penalty for manslaughter. [13] DPP v Zullo [2004] VSCA 153 93We now have the added layer of circumstances of gross violence introduced in 2013. The first occasion that that offence was considered by the Court…
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Director of Public Prosecutions v Arias-Jones
[2017] VCC 987
Citation 10
…and nine months, with a non-parole period of six years and six months. The circumstances are very different to this case. [16] DPP v Arias-Jones [2017] VCC 987 96 Having considered those cases, including the table attached to the decision of Nash , along with others referred to therein and other cases provided o…
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Director of Public Prosecutions v Lindsay
[2017] VCC 516
Citation 11
…entence of eight years' imprisonment was imposed as part of a total effective sentence of nine and a half years' imprisonment. [20] DPP v Lindsay [2017] VCC 516 105I return to the case of Pasinis which also involved two charges of intentionally causing serious injury committed in the context of an abusive relatio…