Adrian Hassall v The King
[2024] VSCA 163
Citation 1
…fferent view in relation to the ‘constraints’ that are to be read into s9 of the Sentencing Act.[12] [12] Adrian Hassall v The King [2024] VSCA 163 108So what I will do is I will pass individual sentences. I will mark out one as the base sentence and then pronounce levels of cumulation upon that base sentence and…
Dhal v The King
[2023] VSCA 289
Citation 2
…[7], Newton [8] and Dhal [9] . [7] Sabbatucci v The Queen [2021] VSCA 340 [8] Newton (a pseudonym) v The King [2023] VSCA 22 [9] Dhal v The King [2023] VSCA 289 52I take your background into account, as far as I am able to, including as giving rise to some reduction in your culpability. There can be a softening o…
Newton (a pseudonym) v The King
[2023] VSCA 22
Citation 3
…es of Bugmy, Herrmann and Sabatucci [7], Newton [8] and Dhal [9] . [7] Sabbatucci v The Queen [2021] VSCA 340 [8] Newton (a pseudonym) v The King [2023] VSCA 22 [9] Dhal v The King [2023] VSCA 289 52I take your background into account, as far as I am able to, including as giving rise to some reduction in your cul…
Sabbatucci v The Queen
[2021] VSCA 340
Citation 4
…at phrase is employed in the case law, including cases of Bugmy, Herrmann and Sabatucci [7], Newton [8] and Dhal [9] . [7] Sabbatucci v The Queen [2021] VSCA 340 [8] Newton (a pseudonym) v The King [2023] VSCA 22 [9] Dhal v The King [2023] VSCA 289 52I take your background into account, as far as I am able to, inc…
DPP v Herrmann
[2021] VSCA 160
Citation 5
…osecution on that score. They retreated from their written submission, which challenged the application of these Bugmy principles. [6] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 50The application of these principles does not depend upon proof of any causal connection between the background and the offending. 51…
DPP v Meyers
[2014] VSCA 314
Citation 6
…he offender knew about who would be inside and whether the offender was someone of whom the victim was particularly frightened. [11] DPP v Meyers [2014] VSCA 314 (‘ Myers’ ) 84Aggravated burglary is an inherently serious crime. It is punishable by 25 years' imprisonment. I believe it is always a difficult task try…
Bugmy v The Queen
[2013] HCA 37
Citation 7
…ime of sentence - sizeable enough criminal history - Guilty plea - R v Verdins [2007] VSCA 102 - Limb 5 - Disadvantaged background: Bugmy v The Queen [2013] HCA 37 - Physical health issues including wheelchair bound status – Significantly increased custodial burden - Drug addiction; R v Lacey [2007] VSCA 196 and…
DPP v Terrick
[2009] VSCA 220
Citation 8
…ection and rehabilitation. See the case of Terrick [10]. Our backgrounds leave their mark and yours most certainly has on you. [10] DPP v Terrick [2009] VSCA 220 54You are now 42 years of age. You have a reasonably lengthy prior criminal history. This was serious offending. There are limits to the application of t…
R v Lacey
[2007] VSCA 196
Citation 9
…een [2013] HCA 37 - Physical health issues including wheelchair bound status – Significantly increased custodial burden - Drug addiction; R v Lacey [2007] VSCA 196 and R v McKee, R v Brooks [2003] VSCA 16 ---…
R v Verdins
[2007] VSCA 102
Citation 10
…nspect vagina for items alleged to have been stolen - 42 years old at time of sentence - sizeable enough criminal history - Guilty plea - R v Verdins [2007] VSCA 102 - Limb 5 - Disadvantaged background: Bugmy v The Queen [2013] HCA 37 - Physical health issues including wheelchair bound status – Significantly incre…
R v McKee
[2003] VSCA 16
Citation 11
…including wheelchair bound status – Significantly increased custodial burden - Drug addiction; R v Lacey [2007] VSCA 196 and R v McKee, R v Brooks [2003] VSCA 16 ---…