Sean Kerry Tuting v The Queen
[2018] VSCA 250
Citation 1
…at the lower end of seriousness in this particular case. The authorities referred to me in the course of the plea hearing, namely Tutingi v The Queen [2018] VSCA 250, and Waldron v The Queen [2016] VSCA 260, involve grooming conduct which was more serious than the conduct involved in your case. Nevertheless, I hav…
Sharman (a pseudonym) v The Queen
[2017] VSCA 241
Citation 2
…74In the decision of Connor Sharman (a pseudonym) v The Queen [2017] VSCA 241 at 36, the Court of Appeal indicated that: "The public interest that attaches to a plea of guilty which rests upon a confession, and the right to considerable leniency in such circumstances, is not confined to cases where the crime is un…
Waldon v The Queen
[2016] VSCA 260
Citation 3
…articular case. The authorities referred to me in the course of the plea hearing, namely Tutingi v The Queen [2018] VSCA 250, and Waldron v The Queen [2016] VSCA 260, involve grooming conduct which was more serious than the conduct involved in your case. Nevertheless, I have considered current sentencing practices…
R v Doran
[2005] VSCA 271
Citation 4
…atter not having been disclosed by Lily in her VARE interview. 73In my view, a sentencing discount consistent with the principle in The Queen v Doran [2005] VSCA 271 is applicable. In Doran's case Buchanan JA (with whom Eames and Nettle JAA agreed), said: "… the appellant quite voluntarily, without any pressure fr…
R v Robertson
[2019] VSC 145
Citation 5
…ssible sentencing factors, remains the correct approach where the standard sentencing scheme applies[11]. [11]See R v Shane Michael Robertson [2019] VSC 145, [47]. 52Nothing in the legislation suggests that the standard sentence assumes a dominant role in considering the sentence to be imposed. Rather, it is simp…
R v Brown
[2018] VSC 742
Citation 6
…ction 5A(1)(b) and 5A(3) of the Act can be seen to be directed at giving meaningful content to this legislative guidepost.[14] [14] R v Brown [2018] VSC 742, [79] & [84], and Shane Michael Robertson [2019] VSC 145, [56]. 59As stated in s.5A(1)(b) the standard sentence is the sentence for an offence in the “middle…