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Director of Public Prosecutions v Singh

Director of Public Prosecutions v Singh

Case [2020] VCC 719

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AGLC: Director of Public Prosecutions v Singh [2020] VCC 719
Case: [2020] VCC 719
Decision Date: 26 May 2020

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Director of Public Prosecutions v Singh [2020] VCC 719

Most Recent Citation

Singh v The Queen [2021] VSCA 161

Cases Citing This Decision

Singh v The Queen [2021] VSCA 161
Citation 1 (Para 1)

…’ imprisonment, with a non-parole period of 2 years and 4 months.[2] The appellant sought leave to appeal on the following grounds: [2] DPP v Singh [2020] VCC 719 (‘Sentencing Remarks’).…

Cases Cited

Statutory Material Cited

Wyka v The Queen [2020] VSCA 104
Citation 1

…141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how this is all actually going to play out either in the community or in the prisons. It is a rapidly…
Nguyen v The Queen [2020] VSCA 76
Citation 2

…Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how this is all actually going…
Sazimanoska v The Queen [2020] VSCA 66
Citation 3

…Amongst them the cases of Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how…
Brown v The Queen [2020] VSCA 60
Citation 4

…lobal pandemic upon the experience of a prisoner in this State. The Court of Appeal first dealt with the issues in a decision of Brown [2020] VSCA 60 in late March of this year. They I think correctly counselled judges against speculation. There have been many decisions since in the Supreme Court and the Court of…
Pan v The Queen [2020] VSCA 42
Citation 5

…utility. What assistance is there being taken to non-comparable cases? Virtually none in my view. 84I was taken to the decision of Pan v The Queen [2020] VSCA 42. There the Court of Appeal made it plain that the poorly designed road was a serious accident waiting to happen. The road user there was unfamiliar wit…
DPP v Weybury [2018] VSCA 120
Citation 6

…les case of R v Whyte [2002] 55 NSWLR 252 which has been approved in this State. But as Victorian decisions of Stephens and DPP v Weybury [2018] VSCA 120 made clear, moral culpability is not to be assessed by listing aggravating features that could have been present but were not, and then asserting that the instan…
Stephens v The Queen [2016] VSCA 121
Citation 7

…of a community corrections order. They too referred me to cases, one a sentence in this court, one a Court of Appeal decision of Stephens v The Queen [2016] VSCA 121 ( “Stephens” ) dealing with matters of principle in this sort of case. Background 41I turn now to your background. Your background and family history…
DPP v O'Neill [2015] VSCA 325
Citation 8

…ence satisfying me on the balance of probabilities that you even have that disorder so the state of the law is actually pretty academic. [1][2015] VSCA 325 Rehabilitation 60I turn to your prospects of rehabilitation. What are your prospects of rehabilitation? Well, no adjective was employed by your counsel to desc…
R v Verdins [2007] VSCA 102
Citation 9

…ng mental health issues that have emerged; ·She relied upon the application of limbs 2, 5 and 6 from the Court of Appeal decision of Verdins v R [2007] VSCA 102 (“ Verdins” ). ·Also, the risk of deportation was raised but in a very modest way which I will return to later in my reasons; ·She relied upon the hardshi…
R v Whyte [2006] NSWCCA 75
Citation 10

…nt in this case. Many matters of aggravation are spoken of in some of the cases for instance the New South Wales case of R v Whyte [2002] 55 NSWLR 252 which has been approved in this State. But as Victorian decisions of Stephens and DPP v Weybury [2018] VSCA 120 made clear, moral culpability is not to be assess…
R v Caldwell [2004] VSCA 40
Citation 11

…or practical impact upon you at all. So I model the form of my order on that form discussed in cases such as R v Tran [2002] VSCA 52 and R v Caldwell [2004] VSCA 40. 99On the charge of dangerous driving causing death, I cancel all licences to drive held by you and I disqualify you from obtaining another permit or…
R v Tran [2002] VSCA 52
Citation 12

…son and it would have no actual or practical impact upon you at all. So I model the form of my order on that form discussed in cases such as R v Tran [2002] VSCA 52 and R v Caldwell [2004] VSCA 40. 99On the charge of dangerous driving causing death, I cancel all licences to drive held by you and I disqualify you…
Re Broes [2020] VSC 128
Citation 13

…nst speculation. There have been many decisions since in the Supreme Court and the Court of Appeal. Amongst them the cases of Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [202…
Thomas v Kitching [2020] VSC 206
Citation 14

…Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how this is all actually going to play out either in the community or in the prisons. It is a rapidly evolving setting changing…
Re Diab [2020] VSC 196
Citation 15

…. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how this is all actually going to play out either in the community or in the pr…
Re Nicholls [2020] VSC 189
Citation 16

…Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is still far too early to know how this is all actually going to play out either in th…
The Queen v Madex [2020] VSC 145
Citation 17

…rt and the Court of Appeal. Amongst them the cases of Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020] VSC 206. 52It is stil…
Re Tong [2020] VSC 141
Citation 18

…nce in the Supreme Court and the Court of Appeal. Amongst them the cases of Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VSCA 104 and Thomas [2020]…
Re McCann [2020] VSC 138
Citation 19

…e been many decisions since in the Supreme Court and the Court of Appeal. Amongst them the cases of Re Broes [2020] VSC 128; Re McCann [2020] VSC 138. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76, Nicholls [2020] VSC 189, Re Diab [2020] VSC 196, Wyka [2020] VS…
Director of Public Prosecutions v Calf [2020] VCC 353
Citation 20

…. There are differing acts, differing omissions and none that are in the same class as yours. A momentary loss of attention by a bus driver in Calf [2020] VCC 353 or by the elderly driver in the recent case of Nicholson [2020] VCC 436, they cannot be measured up against your decision not to stop and to drive a la…

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