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Bankal v The Queen
[2019] VSCA 171
Citation 1
(Para 3)
…Finally, in Bankal v The Queen [2019] VSCA 171, at [38], the Court, comprised of the current President Maxwell and Priest JA, said: “The maximum period of imprisonment prescribed for the offences of failing to stop and to render assistance was increased from two years to 10 years (and the minimum period of driver…
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Pasznyk v The Queen
[2014] VSCA 87
Citation 2
(Para 1)
…To adopt what the Court said in Pasznyk v The Queen [2014] VSCA 87 [67], given to me by your counsel , your prior offending demonstrates your prospects of rehabilitation to be poor and your propensity to commit crimes which place people at risk of injury, if not death, is such that your sentence must be one which…
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Wassef v The Queen
[2011] VSCA 30
Citation 3
(Para 1)
…The Court of Appeal noted in Wassef v The Queen [2011] VSCA 30 [26], the Second Reading Speech to such amendment when the relevant Minister said: “The Victorian community has been rightfully concerned about recent cases where drivers have left the scene of an accident in which a person has been killed or seriousl…
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Hall v The Queen
[2010] VSCA 349
Citation 4
(Para 1)
…gravity of the crimes, one then comes to assess the personal circumstances of Mr Panayides in the manner as decreed by Redlich JA in Hall v The Queen [2010] VSCA 349, [24].…
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R v Franklin
[2009] VSCA 77
Citation 5
(Para 2)
…The then Chief Justice, Marilyn Warren, in R v Franklin [2009] VSCA 77 at [12], said: “Cases of culpable driving continue to come too frequently before the courts. What is so striking about these cases is that one moment in time can have such devastating consequences. … .”…
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R v Harding
[2008] VSCA 124
Citation 6
(Para 1)
…As to culpability, Lasry AJA in The Queen v Harding [2008] VSCA 124 [24], said: “… The object of the section is to force drivers to stop when particular events occur. If the particular event, as in this case, is a serious injury …, then the extent of the injuries is relevant to assessing the seriousness of the off…
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DPP v DJK
[2003] VSCA 109
Citation 7
(Para 1)
…In pronouncing this sentence, I am reminded of the role of the Court in such circumstances as detailed by Vincent J, as he then was, in R v DJK [2003] VSCA 109, at [18], where he said: “This notion of social rehabilitation is one that I do not believe has been accorded anything approaching significant recognition…
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R v Guariglia
[2001] VSCA 27
Citation 8
(Para 1)
…As to objective gravity as remarked by then President Winneke in R v Guariglia [2001] VSCA 27 [14], the driving of Mr Panayides was the substantial and operative cause of the accident and further, as the then President said: “… In one sense the absence of an explanatory factor such as alcohol serves to make the c…
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R v Scholes
[1998] VSCA 17
Citation 9
(Para 1)
…I was also referred by your counsel to R v Scholes [1998] VSCA 17, and while the general proposition referred to at [20] therein is correct, it would, in my view, given your history, be naïve to give too much weight to the fact that you have actually not committed a driving offence before.…
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Ibbs v the Queen
[1987] HCA 46
Citation 10
(Para 2)
…In the totality of the circumstances here, upon the Ibbs v R (1987) 163 CLR 447, at 452, scale of heinousness, I assess the objective criminality of the culpable driving culpability, as being between the mid to high range. The learned Prosecutor put to the Court that such offending was not low level (paragraph 49), w…
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DPP v Lim
[2018] VCC 2166
Citation 11
(Para 1)
…ourt, I was provided with two sentences imposed by this Court since the standard sentencing scheme began, being Director of Public Prosecutions v Lim [2018] VCC 2166 and Director of Public Prosecutions v Victorsen [2018] VCC 2202, and I have found each of assistance.…