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DPP v Dalgliesh (a Pseudonym)
[2017] VSCA 360
Citation 1
…missions as to the evidence and the opinions of Dr Walton. I was referred to a number of cases including the decisions of Dalgleish [2017] HCA 41 and [2017] VSCA 360. I was reminded that these were course of conduct offences and the impact of those provisions in the Sentencing Act 1991. This was very serious offen…
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Director of Public Prosecutions v Dalgliesh (a pseudonym)
[2017] HCA 41
Citation 2
…morse and made submissions as to the evidence and the opinions of Dr Walton. I was referred to a number of cases including the decisions of Dalgleish [2017] HCA 41 and [2017] VSCA 360. I was reminded that these were course of conduct offences and the impact of those provisions in the Sentencing Act 1991. This wa…
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R v Kilic
[2016] HCA 48
Citation 3
…ent of the offending conduct, its frequency and duration and the circumstances in which it occurs. 99The High Court in an unrelated decision of Kilic [2016] HCA 48 expressed some concerns as to the use of the label " worst-category offending ". They said that worst category offending is offending that is so grav…
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Talbot (a Pseudonym) v The Queen
[2016] VSCA 218
Citation 4
…t [7], KHB [8]and Short [9]) . [6](Unreported, Supreme Court of Victoria Court of Appeal, Marks, Hampel and McDonald JJA, 8 June 1993) [7] Talbot v R [2016] VSCA 218 [8] R v KHB [2004] VSCA 219 [9] DPP v Short [2006] VSCA 120 88The Dalgliesh decisions of our Court of Appeal provide the clearest pronouncements as t…
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DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Citation 5
…tate owing to the very strong observations made in the cases of Dalgleish . I say 'cases' as there were strong statements in the Court of Appeal in [2016] VSCA 148 and that decision went on to the High Court, which was more concerned with the role of sentencing practice [2017] HCA 41. It was then remitted back to…
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TRG v The Queen
[2011] VSCA 337
Citation 6
…). 76I take your age and poor health into account insofar as I am able to and I do apply the principles from cases such as RLP [2009] VSCA 27 and TRG [2011] VSCA 337, as well as the many cases discussed within those two decisions. COVID-19 77I turn now to the impact of the COVID-19 virus. I accept that the COVID-1…
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RBN v The Queen
[2011] VSCA 261
Citation 7
…seriously by the courts but with sentences which seem to have devalued the seriousness of it, for some reason. 86In the decision of RBN v The Queen [2011] VSCA 261 the President of the Court of Appeal stated the following: "This court has often said that incest is a crime of great seriousness. It is an appalling c…
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Markovic v The Queen
[2010] VSCA 105
Citation 8
…rse of your imprisonment with risks of deterioration. The written outline did not mention exceptional circumstances or the leading case of Markovic [2010] VSCA 105. As with the Verdins issue, the written submissions were really quite inadequate and I was compelled to ask Mr Brustman how it was being relied upon. H…
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R v Wright
[2009] VSCA 27
Citation 9
…you (see Question 1187). 76I take your age and poor health into account insofar as I am able to and I do apply the principles from cases such as RLP [2009] VSCA 27 and TRG [2011] VSCA 337, as well as the many cases discussed within those two decisions. COVID-19 77I turn now to the impact of the COVID-19 virus. I…
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R v Verdins
[2007] VSCA 102
Citation 10
…s the response to the COVID-19 virus; ·As to the mental health aspect of that increased burden, the 5th and 6th limbs from the case of Verdins [2007] VSCA 102 were relied upon here.…
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DPP v Short
[2006] VSCA 120
Citation 11
…of Victoria Court of Appeal, Marks, Hampel and McDonald JJA, 8 June 1993) [7] Talbot v R [2016] VSCA 218 [8] R v KHB [2004] VSCA 219 [9] DPP v Short [2006] VSCA 120 88The Dalgliesh decisions of our Court of Appeal provide the clearest pronouncements as to the seriousness of the crime of incest. The Court of Appea…
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R v KHB
[2004] VSCA 219
Citation 12
…rt of Appeal has said that it is a well-known fact that young victims of incest carry the scar for their lives, and of course that is so (see R v KHB [2004] VSCA 219) . 26It is almost impossible to reduce these things into writing. Dani[4] tried as best she could. She felt abandoned, lonely and isolated. A sense o…