Wright v The Queen
[2015] VSCA 333
Citation 1
…primarily that it was a case about foresight of aggressiveness and violence and I do not find such an analysis helpful here. 140In Wright v The Queen [2015] VSCA 333, the offending was not the direct result of Wright's mental illness. But wholly attributable to his ceasing medication and taking methamphetamine. In…
DPP v Neethling
[2009] VSCA 116
Citation 2
…have spoken about for many years, best described by His Honour Justice Vincent in DPP v DJK [2003] VSCA 109. 39The Court of Appeal in DPP v Neethling [2009] VSCA 116 observed that these remarks apply with particular force to an offence of this devastating kind. I am painfully conscious there is no court sentence c…
R v Martin
[2007] VSCA 291
Citation 3
…ndition can be shown to have affected the mental capacity of the offender at the time of the offence and or at the time of sentence. 129In R v Martin [2007] VSCA 291 the court comprised of the President, Justices of Appeal Redlich and Nettle, as he then was, dealt with a sentence for offences committed in a state…
R v Sebalj
[2006] VSCA 106
Citation 4
…many authorities cited in argument and have particularly noted those which give some guidance as to assessment of moral culpability. In R v Sebalj [2006] VSCA 106 the trial judge ruled that the applicant was suffering only from a drug induced psychosis and not a disease of the mind. 125Accordingly the defence of…
DPP v DJK
[2003] VSCA 109
Citation 5
…ddress the kind of social rehabilitation which our courts have spoken about for many years, best described by His Honour Justice Vincent in DPP v DJK [2003] VSCA 109. 39The Court of Appeal in DPP v Neethling [2009] VSCA 116 observed that these remarks apply with particular force to an offence of this devastating k…