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Director of Public Prosecutions v Smith

Director of Public Prosecutions v Smith

Case [2020] VCC 480

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AGLC: Director of Public Prosecutions v Smith [2020] VCC 480
Case: [2020] VCC 480
Decision Date: 24 April 2020

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Citations

Director of Public Prosecutions v Smith [2020] VCC 480

Most Recent Citation

Director of Public Prosecutions v Trinh [2020] VCC 1512

Cases Citing This Decision

Smith v The Queen [2020] VSCA 165
Citation 1

…DPP v Smith [2020] VCC 480 (Judge Tinney)…
Director of Public Prosecutions v Trinh [2020] VCC 1512
Citation 2

…[27] [2020] VCC 480.…

Cases Cited

Statutory Material Cited

Nguyen v The Queen [2020] VSCA 76
Citation 1

…e 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. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from earlier this week. I have read all of those cases. It should be noted that…
Sazimanoska v The Queen [2020] VSCA 66
Citation 2

…. See for instance the case 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. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from earlier this week. I have read all of those cases…
Brown v The Queen [2020] VSCA 60
Citation 3

…its the prison. It seems to me likely that it will hit the prison. The Court of Appeal first dealt with this concept in a decision of Brown [2020] VSCA 60, that was in late March. They correctly counselled Judges against speculating. There have been countless decisions since in the Supreme Court and also the Cour…
Bertram Morin v The Queen [2019] VSCA 301
Citation 4

…s no basis to reduce specific deterrence at all, or at least in any sizeable fashion in the setting here and she referred me off to the case of Morin [2019] VSCA 301. You knew what you were doing as she said, and knew that it was both wrong and criminal, that was obvious. The reduction of culpability therefore sho…
DPP v Hudgson [2016] VSCA 254
Citation 5

…Not just substantial and compelling, that is already a very high bar as cases interpreting that older provision made clear. See the case of Hudgson [2016] VSCA 254. I cannot just overlook the words exceptional and rare. They have been added in to make it even harder to establish. The bar is raised about as high as…
Bugmy v The Queen [2013] HCA 37
Citation 6

…tion and drug use, your disadvantaged background and your intellectual disability. They are all in a way entangled. He did not really press a Bugmy [2013] HCA 37 type submission. Now that is the name of a case that is dealing with some of these issues. The matters leading to reduction of culpability were said to…
R v Verdins [2007] VSCA 102
Citation 7

…count your background and I do, insofar as the law permits me to. I will deal discretely later in these reasons with the application of the Verdins [2007] VSCA 102 principles arising from your intellectual disability. The fact is though, when I consider your background, your early background was hardly enviable. 3…
R v McKee [2003] VSCA 16
Citation 8

…that you could have had any real sense of where this would all lead you. So I believe I can in fact give some limited weight to the McKee Brooks [2003] VSCA 16 submission made on your behalf. There can be some modest reduction in your culpability and some moderation of sentence and an exhaustive consideration of…
Re Broes [2020] VSC 128
Citation 9

…ulating. There have been countless decisions since in the Supreme Court and also the Court of Appeal. See for instance the case 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. Also, more recent cases of Nicho…
Re Diab [2020] VSC 196
Citation 10

…Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from earlier this week. I have read all of those cases. It should be noted that very many of these decisions concern bail applications, where there are very di…
Re Nicholls [2020] VSC 189
Citation 11

…38. Re Tong [2020] VSC 141, Madex [2020] VSC 145, Sazimanoska [2020] VSCA 66 and Nguyen [2020] VSCA 76. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from earlier this week. I have read all of those cases. It should be noted that very many of these decisions concern bail applicatio…
The Queen v Madex [2020] VSC 145
Citation 12

…and also the Court of Appeal. See for instance the case 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. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from earlier this week. I…
Re Tong [2020] VSC 141
Citation 13

…in the Supreme Court and also the Court of Appeal. See for instance the case 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. Also, more recent cases of Nicholls [2020] VSC 189 and Re Diab [2020] VSC 196 from…
Re McCann [2020] VSC 138
Citation 14

…ountless decisions since in the Supreme Court and also the Court of Appeal. See for instance the case 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. Also, more recent cases of Nicholls [2020] VSC 189 and Re…
DPP v Haberfield [2019] VCC 2082
Citation 15

…ar, in relation to an assault upon a paramedic. It was a case that attracted a fair bit of publicity. It was the case of Haberfield. See Haberfield [2019] VCC 2082. I am not going to restate all the principles that apply in your case. Frankly, I am not greatly assisted by what other Judges at my level have done in…

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