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Nguyen v The Queen
[2020] VSCA 76
Citation 1
…berg JJA) on 23 March 2020; R v Sazimanoska [2020] VSCA 66 (again a decision of Priest and Weinberg JJA), delivered on 26 March 2020 and R v Nguyen [2020] VSCA 76, a decision of Niall JJA and Croucher AJA, delivered 1 April 2020. In particular, the court in Brown ( op cit ) at paragraph [48] stated: “With regard…
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Sazimanoska v The Queen
[2020] VSCA 66
Citation 2
…o sentencing practices. I refer to R v Brown (aka Davis ) [2020] VSCA 60, (a decision of Priest and Weinberg JJA) on 23 March 2020; R v Sazimanoska [2020] VSCA 66 (again a decision of Priest and Weinberg JJA), delivered on 26 March 2020 and R v Nguyen [2020] VSCA 76, a decision of Niall JJA and Croucher AJA, deli…
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Brown v The Queen
[2020] VSCA 60
Citation 3
…ourt of Appeal has been hesitant to express a general statement of principle in relation to sentencing practices. I refer to R v Brown (aka Davis ) [2020] VSCA 60, (a decision of Priest and Weinberg JJA) on 23 March 2020; R v Sazimanoska [2020] VSCA 66 (again a decision of Priest and Weinberg JJA), delivered on 2…
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Bradshaw v The Queen
[2017] VSCA 273
Citation 4
…lthough appreciating that community corrections orders can be utilised in circumstances where the gravity of the offending is high, (see Bradshaw v R [2017] VSCA 273), I consider that in all the circumstances, an immediate term of imprisonment is appropriate. I consider that such factors as general deterrence, spe…
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Schneider v The Queen
[2016] VSCA 76
Citation 5
…y discretionary. Since then, it is mandatory when someone is sentenced to 12 months or more. I refer to the Court of Appeal decision of Schneider v R [2016] VSCA 76 at paragraph [25], wherein the court stated, explaining the relevance of the amendments: “Prior to the amendments to the Act, upon which the appellan…
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Marrah v The Queen
[2014] VSCA 119
Citation 6
…equently, a result of which you were never able to establish yourself at school or friendships. I refer to the Court of Appeal decision of Marrah v R [2014] VSCA 119, where the court speaks of, in part, the consequences of a deprived earlier life, after making reference to the well-known High Court decision of Bug…
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Bugmy v The Queen
[2013] HCA 37
Citation 7
…ts of profound childhood deprivation, do not diminish with the passage of time. Reference was made to the well-known High Court decision of Bugmy v R (2013) 249 CLR 571. Reference was made to the comments of the psychologist, Mr Ball, who described you as experiencing a grossly dysfunctional upbringing, against the b…
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Phillips v The Queen
[2012] VSCA 140
Citation 8
…Cases Cited: Phillips v R [2012] VSCA 140; R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269 Sentence: Total effective sentence of 24 months imprisonment with a non-parole period of 16 months; 396 days declared as pre-sentence detention; 6AAA declaration – 3 years imprisonment with a non-parole period of 25 months…
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Guden v The Queen
[2010] VSCA 196
Citation 9
…u and your family returned to Australia in 2015, to set up a new life for your family. Reference was made to the well-known case of Guden v The Queen [2010] VSCA 196. Your counsel submitted that the potential consequences of deportation for you, during the period of time that you have been in prison and any furthe…
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DPP v Terrick
[2009] VSCA 220
Citation 10
…ecedes the commission of crime, and often explains and contributes to an offender’s criminal behaviour.” (reference was made to DPP v Terrick (2009) 24 VR 457.…
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R v Verdins
[2007] VSCA 102
Citation 11
…Cases Cited: Phillips v R [2012] VSCA 140; R v Verdins; R v Buckley; R v Vo (2007) 16 VR 269 Sentence: Total effective sentence of 24 months imprisonment with a non-parole period of 16 months; 396 days declared as pre-sentence detention; 6AAA declaration – 3 years imprisonment with a non-parole period of 25 months.…