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Director of Public Prosecutions v Mak

Director of Public Prosecutions v Mak

Case [2020] VCC 1233

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AGLC: Director of Public Prosecutions v Mak [2020] VCC 1233
Case: [2020] VCC 1233
Decision Date: 13 August 2020

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Director of Public Prosecutions v Mak [2020] VCC 1233

Cases Citing This Decision

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Statutory Material Cited

Brown v The Queen [2020] VSCA 60
Citation 1 (Para 48)

…mergency is causing additional stress and concern for prisoners and their families as it is for every member of the community ( Brown v The Queen [2020] VSCA 60 at [48]). 74Helpfully, she referred me to 4 appellate decisions concerning misappropriation of funds in breach of an employer’s trust. The sentences impo…
DPP v Blackberry [2019] VSCA 269
Citation 2

…[2012] VSC 221 per Almond J; · R v Michael Kesic [2006] VSC 493 per Coldrey J; · Dankovic v The Queen [2012] VSCA 255, and · DPP v Kim Blackberry [2019] VSCA 269.…
Dankovic v The Queen [2012] VSCA 255
Citation 3

…nd a conveyancer, namely: · R v David Tansey [2012] VSC 221 per Almond J; · R v Michael Kesic [2006] VSC 493 per Coldrey J; · Dankovic v The Queen [2012] VSCA 255, and · DPP v Kim Blackberry [2019] VSCA 269.…
Phillips v The Queen [2012] VSCA 140
Citation 4

…ce for your genuine remorse and the disclosure of the detail of the misappropriation of your clients’ funds. 93 In Christopher Phillips v The Queen [2012] VSCA 140, Harper JA said, at [101]: “(Genuine) Remorse… indicates realistic prospects of rehabilitation and a reduced need for specific deterrence. An offender…
E G v The Queen [2011] VSCA 453
Citation 5

…itted your offending was premeditated, calculated and systematic and, in relation to charge 3, brazen. 71Referring me to Christopher Koch v The Queen [2011] VSCA 453, she submitted, taking into account the period of your offending, the substantial sums misappropriated and the serious breach of your employer’s, and…
R v Doran [2005] VSCA 271
Citation 6

…94In R v Shane Doran [2005] VSCA 271, Buchanan JA explained the effect of an offender providing the prosecution with evidence which assists to convict him. At [14], his Honour said, “In my view, the consequences… are they reduce the need for a sentence to personally deter the appellant, they increase the prospects…
Tsiadis v Patterson [2001] VSCA 138
Citation 7

…ous breach of your employer’s, and your clients’ trust, the gravity of your offending is in the high range. 72Referring me to DPP v Bulfin [1998] 4 VR 114, she submitted, for crimes of this type, general deterrence and denunciation are particularly significant. 73She acknowledged, by your cooperation with a…
R v DJH [1998] VSCA 108
Citation 8

…arole period is to provide for mitigation of the punishment of an offender in favour of his or her rehabilitation through conditional freedom: R v VZ (1998) 7 VR 693, 697 (13), per Callaway JA 98Because, in my view, you are very unlikely to reoffend, and, because I accept your rehabilitation is well advanced throu…
R v Tansey [2012] VSC 221
Citation 9

…tion submissions, and following the additional cases, which concerned the defalcations of 3 solicitors and a conveyancer, namely: · R v David Tansey [2012] VSC 221 per Almond J; · R v Michael Kesic [2006] VSC 493 per Coldrey J; · Dankovic v The Queen [2012] VSCA 255, and · DPP v Kim Blackberry [2019] VSCA 269.…
R v Kesik [2006] VSC 493
Citation 10

…es, which concerned the defalcations of 3 solicitors and a conveyancer, namely: · R v David Tansey [2012] VSC 221 per Almond J; · R v Michael Kesic [2006] VSC 493 per Coldrey J; · Dankovic v The Queen [2012] VSCA 255, and · DPP v Kim Blackberry [2019] VSCA 269.…

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