Patil (a pseudonym) v The Queen; Director of Public Prosecutions v Patil (a pseudonym)
[2020] VSCA 337
Citation 1
…r of other decisions was [DPP v.Patil], [2020] VSCA 337. It was acknowledged that sentences are not precedents, that limitations exist to the comparative exercise and that each case turns on its facts. I have read again each of these authorities and many more. 33The defence upon the plea dealt in turn with each of…
Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 2
…ies to bind the Court: [R v Dalgleish ] [2017] HCA 41, but may establish the range of sentences which have been previously imposed: [DPP v Thomas ] [2016]237. 35I have examined the following cases for the purposes and guidance I have mentioned: [ DPP v Jurj ] [2016] VSCA 57; [ Gordon v R] [2013]VSCA 343; [GC v R…
Jurj v The Queen
[2016] VSCA 57
Citation 3
…idance I have mentioned: [ DPP v Jurj ] [2016] VSCA 57; [ Gordon v R] [2013]VSCA 343; [GC v R] [2013]VSCA 139; [Johns ], above;[ Samuels v R ][2019] VSCA14 ; [DPP V Mokhtari] [2020]VSCA 161;[ DPPv Patil], above; [Flynn v R][ 2020]VSCA 173 ;[Forbes], above ;[Morello v R ][2020]VCC 1835 ;[DPP v Brewer ][2020] VCC19…
DPP v Zhuang
[2015] VSCA 96
Citation 4
…ircumstances of the offender: [ Zhuang] [2015] VSCA 96. Such examination goes beyond its rationale when it is used to fix boundaries to bind the Court: [R v Dalgleish ] [2017] HCA 41, but may establish the range of sentences which have been previously imposed: [DPP v Thomas ] [2016]237. 35I have examined the foll…
Bowden v The Queen
[2013] VSCA 382
Citation 5
…to [Sayer v R][2018]VSCA177; and [ Blyss v the Magistrates’ Court of Victoria ][2016]VSC , at455; [ Bowden v R ] [2013] VSCA 382 and to [R v GJ] [2008] VSCA 222 in relation to the applicable tests. 58The Prosecution submitted an application document, separate to other submissions on sentence, dated 26 August 2021…
Romero v The Queen
[2011] VSCA 45
Citation 6
…e period such as deterrence and protection of the community I have endeavoured to give their necessary weight: [Romero] [2011] VSCA 45.I will apply a non-parole period which represents, what in my view, is a predictable and consistent percentage in the vast majority of cases after a jury verdict in this Court. 57…
DPP v DDJ
[2009] VSCA 115
Citation 7
…hich spans years, is in my view aggravation. See [ DPP v DDJ] [2009] VSCA 115. In each episode there are clear indications of premeditation. These were not spontaneous instances, responsive to the instant, but brooded upon and thought about, in response to long-held fantasies and cruel desires. The production of a…
R v GJ
[2008] VSCA 222
Citation 8
…d [ Blyss v the Magistrates’ Court of Victoria ][2016]VSC , at455; [ Bowden v R ] [2013] VSCA 382 and to [R v GJ] [2008] VSCA 222 in relation to the applicable tests. 58The Prosecution submitted an application document, separate to other submissions on sentence, dated 26 August 2021 and argued that the offending i…
R H McL v The Queen
[2000] HCA 46
Citation 9
…lated policy underlying section 6E and the principle of totality”. This reflected the analysis by the High Court in [ R H McL ] [2000] HCA 46 , in which the Court noted the need to not undermine the legislated policy inherent in these provisions by applying totality as if those provisions were not law. 53I have…
Director of Public Prosecutions v Baker (a pseudonym)
[2019] VCC 2096
Citation 10
…Degney v R ][2019]VSCA183;[ Baker v R ][2019] VCC 2096 ;[Torrefranca v R ][2021]VSCA 157;] Filiz v R][ 2014]VSCA212;[ Zhao v R] [2018] 267 ;[Bolton v R][ 2019] VSCA21;[ Wheeldon v R ][2018]VSCA344. 36 Common-law assault carries a penalty of 5 years imprisonment , as does making a threat to inflict serious injury…