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Cases Citing This Decision
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Statutory Material Cited
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DPP v Borg
[2016] VSCA 53
Citation 1
…to cases involving momentary inattention or mis-judgment". 6In this State, the Victorian Court of Appeal, as recently as last year said in DPP v Borg [2016] VSCA 53 at paragraph [74], a case where the DPP appealed against a sentence where the offender had pleaded guilty to two charges of dangerous driving causing…
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McGrath v The Queen
[2015] VSCA 176
Citation 2
…nding which ordinarily attract a term of imprisonment’". 16Also in Borg , the Court of Appeal referred to what it had said in McGrath v The Queen [2015] VSCA 176 at paragraphs [30] to [32]: "Nothing said in Bolton altered the principle of parsimony, which has always been a fundamental sentencing principle under th…
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Hutchinson v The Queen
[2015] VSCA 115
Citation 3
…that the imposition of a custodial sentence is presumptively erroneous." 17The court in McGrath endorsed what was said in Hutchinson v The Queen [2015] VSCA 115, where Priest JA (with the concurrence of Ashley JA) said at paragraph [53]: "Acknowledging that a CCO might be appropriate 'even in cases of relatively…
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DPP v Oates
[2007] VSCA 59
Citation 4
…d as a young offender. You were aged 19 at the commission of the offence and you will turn 21 years of age on the 18th March next year. 8In R v Oates [2007] VSCA 59 the Court of Appeal emphasised that general deterrence must be given considerable weight in sentencing an offender for dangerous driving causing deat…
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R v Whyte
[2006] NSWCCA 75
Citation 5
…rts for some time. That is because that most precious of all things, namely human life itself, is lost. 5The NSW Court of Appeal in R v. Whyte [2002] 55 NSWLR 252 published an amendment to its earlier guideline judgment in R v. Jurisic [1998] 45 NSWLR 209. Speigelman CJ again repeated what he had said in Jurisi…
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R v Whyte
[2002] NSWCCA 343
Citation 6
…, is lost. 5The NSW Court of Appeal in R v. Whyte [2002] 55 NSWLR 252 published an amendment to its earlier guideline judgment in R v. Jurisic [1998] 45 NSWLR 209. Speigelman CJ again repeated what he had said in Jurisic at p284: "A non-custodial sentence for an offence against s.52A should be exceptional and a…