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Reid and Secco
[2018] FamCA 95
Citation 1
(Para 45)
…cing the offender I am to have regard to the ‘totality’ of the offending, in the manner generally discussed by the majority in Pearce v The Queen (1998) 194 CLR 610, at [45], and widely recognised as limiting the complete concurrency of sentences for separate offences (even though connected in time). Where the number…
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Stalio v The Queen
[2012] VSCA 120
Citation 2
…e proposition that the sentence should reflect the sentencing practices that were current of the time, noting the decision of Stalio ([2012] VSCA 120), also cited by the defence along with other related authorities, the prosecution pointed out that there is no satisfactory evidence that different sentencing practi…
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Kenny v R
[2010] NSWCCA 6
Citation 3
(Para 6)
…ion between reputation and character, as discussed by Justice Basten in the decision of Kenn y, referred to in the defence submissions ([2010] NSWCCA 6 – at [6], [12]), this is not a case, as I said earlier, where the accused used his reputation or office as an opportunity to commit the offences, unlike a priest s…
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R v Mark Thomas Garvin
[2009] ACTSC 87
Citation 4
(Para 1)
…vidence produced by both prosecution and the defence, which is largely undisputed, in the context of the principles reiterated in The Queen v Olbrich (1999) 199 CLR 270, at [1] and [27]. Given the detail of the exhibited facts there is no need to reiterate them fully. 8.The offender was at the time of the offending a…
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R v MacNeil-Brown
[2008] VSCA 190
Citation 5
…it could refer the Court to given the combination of circumstances here. 72.The Crown was asked for a “ MacNeil-Brown range” ([2008] VSCA 190) and suggested that in those matters where terms of imprisonment were appropriate, the appropriate range was between 18 months and three years. The Crown was reluctant to in…
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R v Verdins
[2007] VSCA 102
Citation 6
(Para 32)
…ed Senior Counsel for the offender was consideration of the principles discussed in the decision of Verdins [2007] VSCA 102, at [32]. The relevant passage in that judgement‘ reformulated’ the dicta of the decision of Tsiaris , an earlier decision of the Court of Appeal, relating to the relevance of “impaired menta…
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R v Merrett
[2007] VSCA 1
Citation 7
(Para 27)
…osecution of this matter was a powerful mitigating factor, in the context discussed by Maxwell P. in Merritt (and others) , [2007] VSCA 1, at [27]. The learned President of the Court of Appeal noted the effect which the lapse of time, however caused, has on an accused person, focusing upon the issue of rehabilit…
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Markarian v The Queen
[2005] HCA 25
Citation 8
(Para 65)
…ed the matter with the instinctive or intuitive synthesis approach reinforced in the later High Court decision of Markarian [2005] HCA 25 (eg at [65]-[74], per McHugh J) in relation to other factors relevant in sentencing. 73.Largely speaking to his written submissions, counsel for the accused stressed the perio…
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DPP v Anderson
[2005] VSCA 68
Citation 9
(Para 53)
…ian Court of Appeal that I have been provided, such as DPP v Carter (1997) 1 V R 601 (at 607-608), per Winneke P., and DPP v Anderson [2005] VSCA 68 (at [53]), per Eames JA. The sentencing of the offender to reflect the above must have regard to ss 7, 9 and 27 Sentencing Act 1991. In determining that terms of imp…
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Wong v The Queen
[2001] HCA 64
Citation 10
…another. Yet from these the sentencing judge must distil an answer which reflects human behaviour in the time or monetary units of punishment.” ( Wong v The Queen (2001) 207 CLR 584 at [77])…
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R v MWH
[2001] VSCA 196
Citation 11
(Para 18)
…is position in the community, the service of a term of imprisonment will be more onerous than would be usually expected (referring to the Queen v MWH [2001] VSCA 196, at [18], per Callaway JA). Reference should also be made to the dicta of his Honour at [17]. 77.In this context, I accept the submission of the Crow…
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Ryan v The Queen
[2001] HCA 21
Citation 12
…be drawn between reputation and good character, that the facts of this case reveal the circumstances of the offender to be, as Hayne J observed in Ryan v The Queen (2001) 206 CLR 697 , “Janus like”. That is, as his Honour explained, that an offender has done good things in the past, is well reputed in the community etc,…
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Pearce v The Queen
[1998] HCA 57
Citation 13
…lusion 88.In sentencing the offender I am to have regard to the ‘totality’ of the offending, in the manner generally discussed by the majority in Pearce v The Queen (1998) 194 CLR 610, at [45], and widely recognised as limiting the complete concurrency of sentences for separate offences (even though connected in time). Wher…
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Veen v The Queen (No 2)
[1988] HCA 14
Citation 14
…y destroy the results of that rehabilitation”. As the High Court observed, by the majority in Veen (No 2) v The Queen , (1988) 164 CLR 465, at 476, the purposes of sentencing are guideposts that sometimes point in opposing directions. 75.The majority in that decision famously said immediately beforehand: “….. (S)ente…