DPP v Weybury
[2018] VSCA 120
Citation 1
…See the case of Weybury .[19] Yet, of course, I must reach a view as to the nature and gravity of these instances of incest. [19] DPP v Weybury [2018] VSCA 120. 154I do accept that the incest charges do not fall anywhere towards the highest level. Nor, though, do they fall at the lowest level. I believe they fall…
DPP v Dalgliesh (a Pseudonym)
[2017] VSCA 360
Citation 2
…ome detail the seriousness of the offence and the many reasons for that. [14] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [15] [2017] HCA 41. [16] [2017] VSCA 360. 122I mentioned this in the course of the plea, but the Court of Appeal in their first judgment dealt with the misconception that they said had seemi…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 3
…sions spelt out in some detail the seriousness of the offence and the many reasons for that. [14] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [15] [2017] HCA 41. [16] [2017] VSCA 360. 122I mentioned this in the course of the plea, but the Court of Appeal in their first judgment dealt with the misconception th…
DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Citation 4
…s. That series of decisions spelt out in some detail the seriousness of the offence and the many reasons for that. [14] DPP v Dalgliesh (a pseudonym) [2016] VSCA 148. [15] [2017] HCA 41. [16] [2017] VSCA 360. 122I mentioned this in the course of the plea, but the Court of Appeal in their first judgment dealt with…
DPP V Newman (a Pseudonym)
[2015] VSCA 25
Citation 5
…ence of good character. See the case of Newman .[4] At that next trial, you would lead evidence of good character at your own peril. [4] DPP v Newman [2015] VSCA 25. 21I believe the factual basis of sentencing is adequately summarised in the amended summary of prosecution opening for trial dated 8 February 2024.…
Bugmy v The Queen
[2013] HCA 37
Citation 6
…[11] Bugmy v The Queen [2013] HCA 37 ( “Bugmy” ) [12] R v Verdins [2007] VSCA 102 (“ Verdins” ) 82In answer to my question as to the mitigatory matters in existence, he relied chiefly on the following matters in mitigation: ·that you had not been sent to prison previously; ·that you had no prior or subsequent pr…
Gorladenchearau v The Queen
[2011] VSCA 432
Citation 7
(Para 49)
…nce imposed in the court below. See, for instance, in a case not involving incest, the case of Gorladenchearau .[18] [18] Gorladenchearau v The Queen [2011] VSCA 432; 34 VR 149 at [49]. 129It is clear enough from the Dalgliesh line of cases that I have referred to that we had somehow, in this State, got to the poi…
RBN v The Queen
[2011] VSCA 261
Citation 8
(Para 13)
…, and it is notorious that it causes long-term damage to the child victims, whom it is the parent's first obligation to protect.[13] [13] [2011] VSCA 261 at [13].…
R v Verdins
[2007] VSCA 102
Citation 9
…[11] Bugmy v The Queen [2013] HCA 37 ( “Bugmy” ) [12] R v Verdins [2007] VSCA 102 (“ Verdins” ) 82In answer to my question as to the mitigatory matters in existence, he relied chiefly on the following matters in mitigation: ·that you had not been sent to prison previously; ·that you had no prior or subsequent prov…
Esso Australia Ltd v Victorian Workcover Authority
[2000] VSCA 74
Citation 10
…moment suggesting that there should be total concurrency here. I also have the provisions of s6E as to cumulation. [20] R v O'Rourke [1997] 1 VR 246. 164Charge 2 and 4, the charges of incest, were each serious crimes in their own right. There must be a decent level of cumulation to recognise that fact and t…