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Worboyes v The Queen
[2021] VSCA 169
Citation 1
…litarian, an indication of remorse, and of course it assists the attainment of justice. In this particular, she also relied on Worboyes v R [2021] VSCA 169 [39] and the enhanced discount that is appropriate where a plea is entered in circumstances where the justice system is strained, to say the least. 23I have al…
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Topal v The Queen
[2019] VSCA 289
Citation 2
…o far as methamphetamine is concerned, the concept of the role played in this sentence being a "counterweight to reward" as detailed in Topal v R [2019] VSCA 289 [52] must be taken into account. 14As to sentencing, I was referred by the prosecutor to a number of cases (Exhibit B). While I have considered all those…
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DPP v Condo
[2019] VSCA 181
Citation 3
…8 ACR 1 and Fernando v R [2017] VSCA 208. Albeit that such uplifted sentencing practice is not a "controlling factor", it cannot be ignored ( Condo [2019] VSCA 181 [20]). (f) Trafficking methamphetamine is a prevalent offence, which means that the weight to be afforded to general deterrence should be increased, su…
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Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 4
…lty". (e) Again, as to a trafficking crime, with the same qualification, I refer to the High Court decision of DPP v Dalgliesh (a pseudonym) [2017] 91 ALJR 1063, which does not dissolve the need for an uplift in sentences as detailed by the Court of Appeal in Gregory (a pseudonym) v R [2017] 268 ACR 1 and Ferna…
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Fernando v The Queen
[2017] VSCA 208
Citation 5
…not dissolve the need for an uplift in sentences as detailed by the Court of Appeal in Gregory (a pseudonym) v R [2017] 268 ACR 1 and Fernando v R [2017] VSCA 208. Albeit that such uplifted sentencing practice is not a "controlling factor", it cannot be ignored ( Condo [2019] VSCA 181 [20]). (f) Trafficking metha…
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Bugmy v The Queen
[2013] HCA 37
Citation 6
…due to his language, are all factors of mitigation which need to be taken into account. 25I reject Ms Khan's submission based on Bugmy v R [2013] HCA 37. While I accept life in Malaysia where he was brought up was such that he was a member of a very poor society with limited employment skills, I find there was…
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Nguyen v The Queen
[2010] VSCA 127
Citation 7
…A 185 [38-41]. The maximum penalty prescribed is always a yardstick, especially in a quantity based regime (Condo [28]). And further, in Nguyen v R [2010] VSCA 127 [19] where the Court of Appeal said this: "It is, of course, irrelevant which drug is being cultivated. So much was made clear by the decision of this…
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R v D'Aloia
[2006] VSCA 237
Citation 8
…Adegoke v R [2013] 234 ACR 280 [443]. (b) As a general approach to sentencing in crimes of this type, Nettle JA, as he then was, said in R v D'Aloia [2006] VSCA 237 [56]: "So far as the effects of … MDMA are concerned, the matter may still be approached on the basis that all of the drugs which are prescribed have…
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R v Pidoto and O'Dea
[2006] VSCA 185
Citation 9
…of the drug actually transacted, and the period over which the offending occurred (Condo [30]). (h) As to quantity, I refer to R v Pidoto and O'Dea [2006] VSCA 185 [38-41]. The maximum penalty prescribed is always a yardstick, especially in a quantity based regime (Condo [28]). And further, in Nguyen v R [2010] VS…
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The Queen v Pham
[2015] HCATrans 218
Citation 10
…. While I have considered all those cases as illustrative yardsticks, I refer in this regard to the comments of the High Court in R v Pham [2015] 256 CLR 550 [29] where the High Court said this: "Where … decisions of other courts in sentencing appeals are referred to in the context of determining whether a giv…