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Director of Public Prosecutions v Kwag

Director of Public Prosecutions v Kwag

Case [2023] VCC 1067

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AGLC: Director of Public Prosecutions v Kwag [2023] VCC 1067
Case: [2023] VCC 1067
Decision Date: 23 June 2023

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Director of Public Prosecutions v Kwag [2023] VCC 1067

Most Recent Citation

Director of Public Prosecutions v Nguyen [2024] VCC 872

Cases Citing This Decision

Kwag v The King [2024] VSCA 279
Citation 1 (Para 2)

…s, as set out below. Following a plea hearing in the County Court, Judge Tinney sentenced the applicant on 23 June 2023 as follows:[1] [1] DPP v Kwag [2023] VCC 1067 (Judge Tinney) (‘Reasons’).…
Director of Public Prosecutions v Nguyen [2024] VCC 872
Citation 2

…Director of Public Prosecutions [2013] VSCA 64; DPP v Xiao Kang [2023] VCC 2431; DPP v Sananikone [2023] VCC 1717; DPP v Kwag [2023] VCC 1067; DPP v Tien Nguyen (County Court of Victoria, Judge Allen, 6 December 2019); DPP v Christie (County Court of Victoria, Judge Smith, 15 November 2022); DPP v Richardson [2023…

Cases Cited

Statutory Material Cited

Worboyes v The Queen [2021] VSCA 169
Citation 1

…ed from the global pandemic. We still have a backlog and your case really has never been part of that backlog. [5] Worboyes v The Queen [2021] VSCA 169 Remorse 43I turn to the issue of remorse. Your counsel argues that there is some remorse here to be implied from your guilty plea and from the materials more gener…
Quah v The Queen [2021] VSCA 164
Citation 2

…tements in Quah [8] as to some of the common fallacies surroundings submissions as to single date trafficking. [8] Quah v The Queen [2021] VSCA 164; 290 A Crim R 136 (“ Quah” ) at [37] to [47] 70Sometimes there is a duration of offending alleged. In some cases, there can be material that might cast some light on a…
DPP v Herrmann [2021] VSCA 160
Citation 3

…ng. I take into account your background as far as I am able to. [2] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’) [3] DPP v Herrmann [2021] VSCA 160 (“ Hermann” ) 29You are now 37 years of age born in February 1986 in South Korea. You came to Australia with your parents at the age of 14 and I should say…
Rahmani v The Queen [2021] VSCA 51
Citation 4

…o [2019] VSCA 311 [11] [2019] VSCA 311 [12] Sharbell v The Queen [2018] VSCA 324 [13] DPP v Condo [2019] VSCA 181 [14] Shahin Rahmani v The Queen [2021] VSCA 51 99I have mentioned the statistics but statistics have inherent limitations. They do not assist me. Nor do other sentences actually greatly assist me. Eac…
Dukic v The Queen [2021] VSCA 18
Citation 5

…t even an appellate decision. The Crown took me to cases of Dukic [15] and also Quah, which I have already mentioned. [15] Sasa Dukic v The Queen [2021] VSCA 18 100I have read all the cases and as is usually the position, I found that there were differences ‘all over the shop’. Differences in quantity and role an…
Victorsen v The Queen [2020] VSCA 248
Citation 6

…Victorsen [17] and also in Quah, which I have mentioned a few times now. [16] Brown v The Queen [2019] VSCA 286 [17] Victorsen v The Queen [2020] VSCA 248 ( “Victorsen” ) 108I also have regard to the discussion of that provision that is set out in the Judicial College of Victoria Sentencing Manual. 109Pursuant to…
DPP v Fatho [2019] VSCA 311
Citation 7

…mmercial quantity trafficking. That knock on effect was mentioned in the case of Rahmani. [14] [10] Director of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [11] [2019] VSCA 311 [12] Sharbell v The Queen [2018] VSCA 324 [13] DPP v Condo [2019] VSCA 181 [14] Shahin Rahmani v The Queen [2021] VSCA 51 99I have m…
Brown v the Queen [2019] VSCA 286
Citation 8

…in a number of cases including Brown, [16] Victorsen [17] and also in Quah, which I have mentioned a few times now. [16] Brown v The Queen [2019] VSCA 286 [17] Victorsen v The Queen [2020] VSCA 248 ( “Victorsen” ) 108I also have regard to the discussion of that provision that is set out in the Judicial College of…
DPP v Condo [2019] VSCA 181
Citation 9

…10] Director of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [11] [2019] VSCA 311 [12] Sharbell v The Queen [2018] VSCA 324 [13] DPP v Condo [2019] VSCA 181 [14] Shahin Rahmani v The Queen [2021] VSCA 51 99I have mentioned the statistics but statistics have inherent limitations. They do not assist me. Nor do…
Teryaki v The Queen [2019] VSCA 120
Citation 10

…to describe where the particular offending sits on the spectrum of offence seriousness (see the case of Weybury [6] ) . [6] DPP v Weybury [2019] VSCA 120 66But other cases out of the same Court of Appeal make it plain that we have to engage in this process and that is because I do have to make a judgment as to the…
Sharbell v The Queen [2018] VSCA 324
Citation 11

…ed in the case of Rahmani. [14] [10] Director of Public Prosecutions v Aysar Fatho [2019] VSCA 311 [11] [2019] VSCA 311 [12] Sharbell v The Queen [2018] VSCA 324 [13] DPP v Condo [2019] VSCA 181 [14] Shahin Rahmani v The Queen [2021] VSCA 51 99I have mentioned the statistics but statistics have inherent limitation…
Gregory (a pseudonym) v The Queen [2017] VSCA 151
Citation 12

…case of Gregory [9] which is in fact relevant to each of the trafficking charges . [9] Gregory (a pseudonym) v The Queen [2017] VSCA 151; 268 A Crim R 1 (“ Gregory” ) 93I have also looked at the Sentencing Advisory Council Snapshot No. 269 of 2022 dealing with the large commercial quantity charge. It is a problem…
Haddara v The Queen [2016] VSCA 168
Citation 13

…ence of trafficking in methylamphetamine and the need to elevate general deterrence in the sentencing task. [7] Haddara v The Queen [2016] VSCA 168 68Duration is what it is, one day. On 6 September 2021, you were trafficking in a large commercial quantity of methylamphetamine and a commercial quantity of cocaine,…
Bugmy v The Queen [2013] HCA 37
Citation 14

…importance as after all, you are the person that I am sentencing. I take into account your background as far as I am able to. [2] Bugmy v The Queen [2013] HCA 37; 249 CLR 571 (‘ Bugmy ’) [3] DPP v Herrmann [2021] VSCA 160 (“ Hermann” ) 29You are now 37 years of age born in February 1986 in South Korea. You came…
R v Verdins [2007] VSCA 102
Citation 15

…ity, as is accepted by your counsel. You knew that you were committing very serious crimes indeed and that is conceded. [4] R v Verdins [2007] VSCA 102; 16 VR 269; 169 A Crim R 581 ( 'Verdins' ) Guilty plea 41Let me turn then to the other matters raised on your behalf. Firstly, to your guilty plea. Well you have p…
Director of Public Prosecutions v Larrain [2022] VCC 1405
Citation 16

…[1] Director of Public Prosecutions v Larrain [2022] VCC 1405 ( “Larrain” )…

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