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Statutory Material Cited
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Nguyen v The Queen
[2021] VSCA 211
Citation 1
…such conduct.' 99These were statements made in 2016. Nothing much has changed. 100I move forward some five years to another case of Nguyen [2021] VSCA 211 where the Court of Appeal said the following: 'Thirdly, it is clear that despite repeated indications from this court that sentences for this offence needed to…
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Nguyen v The Queen
[2019] VSCA 134
Citation 2
…he offender's role and involvement) and not by reference to whether the offender can be given some particular appellation.'[9] [9] Nguyen v The Queen [2019] VSCA 134 at paragraph [59]…
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Nguyen and Pham v The Queen
[2018] VSCA 322
Citation 3
…the bench comprising Priest JA and Beach JA referring to sentences imposed in yet another case and cases referred to in that other judgement ( Nguyen [2018] VSCA 322) showing that sentences in that region are entirely unexceptional, even for crop sitters [10] - see paragraph 65 of that decision. [10] Ibid at [65]…
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Quy Nguyen v R
[2017] VSCA 127
Citation 4
…the quantity of narcotic plants cultivated. The Court of Appeal referred to that issue in the case of Nguyen from June 2017.[11] [11] Quy Nguyen v R [2017] VSCA 127 112I am not sentencing in relation to multiple charges, so I have no need to consider the extent of cumulation between sentences and totality in that…
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Nguyen v The Queen
[2016] VSCA 198
Citation 5
(Para 139)
…commercial quantity cultivation of cannabis and the weight that must be given to punishment and to general deterrence. [6] Nguyen v The Queen [2016] VSCA 198 at [139] to [142] 96Now that case was not focusing on low-level players, it was more directed at what were described as 'medium level' cultivators. The court…
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Dao v The Queen
[2014] VSCA 93
Citation 6
(Para 17)
…judge is bound to proceed on the basis that there are not mitigating factors of which evidence might be given’. [2] [2] Dao v The Queen [2014] VSCA 93 at [17] 46As a matter of fairness then, I put your counsel on notice of the serious reservations that I had as to your assertions so that he could consider whether…
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Guden v The Queen
[2010] VSCA 196
Citation 7
…had no intent or expectation of actually settling here at all. The two limbs of Guden were applied to that sentencing task. [5] Guden v The Queen [2010] VSCA 196 91Anyway, he was free to exercise his sentencing discretion as he saw fit. So too the other judges in those decisions. What they have done does not in an…
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Nguyen v The Queen
[2010] VSCA 127
Citation 8
…ed for increased sentences given what was said to be the increased prevalence of offending of this kind. In 2010, in Nguyen v The Queen , [2010] VSCA 127 the court (Maxwell P with whom Buchanan JA agreed) questioned the adequacy of current sentencing practice for the offence in the light of the maximum penalty of…
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DPP v Duong
[2006] VSCA 78
Citation 9
…rea makes very clear that this is an offence that requires substantial punishment.[3] That punishment must be just and proportionate. [3] DPP v Duong [2006] VSCA 78 75Then there is general deterrence. That looms large in my task. 76I have said often enough in the past, and I will repeat now in your case; there is…
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Pearce v The Queen
[1998] HCA 57
Citation 10
…e doubt that you were not in financial stress as though that led unerringly to a finding that you were in financial stress. [1] Storey [1998] 1 VR 359 29As he was not responsible for filing those so-called comparable sentences, I asked Mr Dickenson to consider whether he wished to withdraw any reliance on t…
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R v Shrestha
[1991] HCA 26
Citation 11
…ught not lead to the imposition of an inadequate sentence or to a different structure of sentence. See the case of Shrestha. [4] [4] R v Shrestha [1991] HCA 26 89In fact, adopting that sort of approach would actually distort sentencing practice, for then in a case like this, someone comes along to court and poin…