Zhao v The Queen
[2018] VSCA 267
Citation 1
…a totally separate crime committed at a different time, in a different State upon a totally separate victim. I was referred to the case of Zhao v R [2018] VSCA 267. Background 30.I will turn now quite briefly to your background which is set out in great detail in the written outline, as well as in the written mate…
DPP v Hopson
[2016] VSCA 303
Citation 2
…al category of offenders. See the cases of Beyer v R [2011] VSCA 15 , R v RHMC [2000] 203 CLR 452. See also HPW [2011] VSCA 88 , Hopson [2016] VSCA 303, Gordon [2013] VSAC 343 and Zhao [2018] VSCA 267 . (para 89 to 100) 81.These provisions do not oust or jettison the principle of totality. It is clear from the cas…
R v Kilic
[2016] HCA 48
Citation 3
…up in the worst case of offending, a phrase itself disapproved of by the High Court but as the High Court stressed in R v Kilic [2016] HCA 48, worst case offending is deserving of a penalty close to the maximum. That is 25 years here. Here there many matters in aggravation and only a handful of matters in mitiga…
Jurj v The Queen
[2016] VSCA 57
Citation 4
…f sentences for the crime of rape (Court of Appeal overview 3.1.1.1) and matters of principle set out in some of the cases including the case of Jurj [2016] VSCA 57 to which I was referred. 66.Statistics have inherent limitations. They say nothing about the individual features of the cases represented by those st…
DPP v HPW
[2011] VSCA 88
Citation 5
…ffenders" are in a special category of offenders. See the cases of Beyer v R [2011] VSCA 15 , R v RHMC [2000] 203 CLR 452. See also HPW [2011] VSCA 88 , Hopson [2016] VSCA 303, Gordon [2013] VSAC 343 and Zhao [2018] VSCA 267 . (para 89 to 100) 81.These provisions do not oust or jettison the principle of totality.…
Beyer v R
[2011] VSCA 15
Citation 6
…visions give effect to the legislative will that "serious offenders" are in a special category of offenders. See the cases of Beyer v R [2011] VSCA 15 , R v RHMC [2000] 203 CLR 452. See also HPW [2011] VSCA 88 , Hopson [2016] VSCA 303, Gordon [2013] VSAC 343 and Zhao [2018] VSCA 267 . (para 89 to 100) 81.These pr…
R v Chan
[2006] VSCA 125
Citation 7
…lar people or a particular class of people. 117.I have considered before coming onto the Bench some of authorities including the case of R v Chan [2006] VSCA 125. 118.I have considered the extent of any risk posed by you. To make such an order, the risk must be greater than some theoretical or remote risk. I have…
R v Phuoc Van Bui
[2006] VSCA 96
Citation 8
…that is not right factually. I was pretty confident Justice Nettle tucked someone away for 15 years and my check confirms that fact. See R v AB [2006] VSCA 96. That manslaughter sentence survived in the Court of Appeal. Secondly and far more importantly, sentences imposed for manslaughter are totally irrelevant t…
R H McL v The Queen
[2000] HCA 46
Citation 9
…ative will that "serious offenders" are in a special category of offenders. See the cases of Beyer v R [2011] VSCA 15 , R v RHMC [2000] 203 CLR 452. See also HPW [2011] VSCA 88 , Hopson [2016] VSCA 303, Gordon [2013] VSAC 343 and Zhao [2018] VSCA 267 . (para 89 to 100) 81.These provisions do not oust or jettis…