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Director of Public Prosecutions v Scandolera and Harraghy

Director of Public Prosecutions v Scandolera and Harraghy

Case [2021] VCC 1688

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AGLC: Director of Public Prosecutions v Scandolera and Harraghy [2021] VCC 1688
Case: [2021] VCC 1688
Decision Date: 29 October 2021

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Director of Public Prosecutions v Scandolera and Harraghy [2021] VCC 1688

Most Recent Citation

Director of Public Prosecutions v Johnson [2025] VCC 185

Cases Citing This Decision

Director of Public Prosecutions v Johnson [2025] VCC 185
Citation 1

…DPP v O’Kelly [2017] VCC 240; Clark v The Queen [2020] VSCA 125; Jackson v The Queen [2020] VSCA 95; DPP v McQueen [2019] VCC 916; DPP v Scandolera [2021] VCC 1688; DPP v Heaven [2022] VCC 473; DPP v Nazeer [2020] VCC 1789; DPP v Bayamis [2020] VCC 566; DPP v Yeoman [2019] VCC 781; DPP v Alecsa [2019] VCC 163; Kel…

Cases Cited

Statutory Material Cited

Jawahiri v The Queen [2021] VSCA 287
Citation 1

…I have considered and applied the recent restatement of these principles from the case of Jawahiri [7] , which was delivered a few weeks back. [7] [2021] VSCA 287 42 You have at least been doing some counselling and have completed one certificate whilst in custody so they are good things. It is pretty obvious fro…
Fariah v The Queen [2021] VSCA 213
Citation 2

…Fariah [5]), your counsel accepted that none of those exceptions applied here. I agree and so I will not refer to them again. [5] Fariah v The Queen [2021] VSCA 213 27 Ms Poole conceded the inevitability of a head sentence and one of a dimension requiring the fixing of a non-parole period. Plea Harraghy 28 In you…
Worboyes v The Queen [2021] VSCA 169
Citation 3

…ters in mitigation: · your early guilty plea in the midst of the global pandemic; ( Worboyes [2]) [2] Worboyes v R [2021] VSCA 169; 96 MVR 344…
DPP v O'Brien [2019] VSCA 254
Citation 4

…monstered this man several hours earlier in the hallway in Clow Street. [10] Director of Public Prosecutions v Shane O'Brien [2019] VSCA 254; 280 A Crim R 1 [11] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [12] DPP v Meyers [2014] VSCA 314; 44 VR 486 [13] DPP v Bowden [2016] VSCA 283 79 Your counsel made submi…
DPP v Bowden [2016] VSCA 283
Citation 5

…A Crim R 1 [11] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [12] DPP v Meyers [2014] VSCA 314; 44 VR 486 [13] DPP v Bowden [2016] VSCA 283 79 Your counsel made submissions about matters which were absent from this example of home invasion. For instance, she argued it was not protracted and you voluntary desiste…
DPP v Meyers [2014] VSCA 314
Citation 6

…cutions v Shane O'Brien [2019] VSCA 254; 280 A Crim R 1 [11] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [12] DPP v Meyers [2014] VSCA 314; 44 VR 486 [13] DPP v Bowden [2016] VSCA 283 79 Your counsel made submissions about matters which were absent from this example of home invasion. For instance, she argued it…
Bugmy v The Queen [2013] HCA 37
Citation 7

…· Your disadvantaged background; ( Bugmy [3]) [3] Bugmy v The Queen [2013] HCA 37; 249 CLR 571…
Hogarth v The Queen [2012] VSCA 302
Citation 8

…in Clow Street. [10] Director of Public Prosecutions v Shane O'Brien [2019] VSCA 254; 280 A Crim R 1 [11] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [12] DPP v Meyers [2014] VSCA 314; 44 VR 486 [13] DPP v Bowden [2016] VSCA 283 79 Your counsel made submissions about matters which were absent from this example…
Muldrock v The Queen [2011] HCA 39
Citation 9

…ilities. Your co-accused for instance has no intellectual disability and was using drugs. He made a terrible choice. [9] Muldrock v The Queen [2011] HCA 39; 244 CLR 120 75 There are also some real limitations to Ms Cidoni’s report. She acts to some degree on your account of the motivation for attending at the vi…
R v Verdins [2007] VSCA 102
Citation 10

…· The impacts of COVID-19 upon your custodial experience. [4] R v Verdins [2007] VSCA 102; 16 VR 240…
Pantorno v The Queen [1989] HCA 18
Citation 11

…discharged your burden in that respect and the Crown accept that is so (‘ Pantorno’ burden[1]). [1] Pantorno v The Queen [1989] HCA 18; 166 CLR 466 13 You were interviewed and provided predominantly no comment responses as was your right. You certainly provided no explanation at all for the assault or for the h…
Hogarth v The Queen [1965] HCA 43
Citation 12

…10] Director of Public Prosecutions v Shane O'Brien [2019] VSCA 254; 280 A Crim R 1 [11] Hogarth v The Queen [2012] VSCA 302; 37 VR 658 [12] DPP v Meyers [2014] VSCA 314; 44 VR 486 [13] DPP v Bowden [2016] VSCA 283 79 Your counsel made submissions about matters which were absent from this example of home inv…

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