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Cases Citing This Decision
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Statutory Material Cited
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Zhao v The Queen
[2018] VSCA 267
Citation 1
…The Queen).[5] [5][2018] VSCA 267 (‘ Zhao’) . 37Mr Tait urged it was not being alleged by the prosecution that there were any aggravating features of violence or physical force accompanying the offending. I disagree as I discussed with Mr Tait referable to the oral penetration. 38Mr Tait urged there was an absence…
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DPP v Tewksbury (a pseudonym)
[2018] VSCA 38
Citation 2
…sychological repercussions presumed to be the result of incest” ( R v Lomax[8] and DPP v Tewksbury (a pseudonym)[9] ). [8](1998) 1 VR 551. [9][2018] VSCA 38. 74Addressing the aggravating features of your offending Ms Strickland as 14 and you 16 years at the time of the offending. That you were the victim’s older…
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Beevers v The Queen
[2016] VSCA 271
Citation 3
…e given to an offender’s childhood sexual abuse would vary from case to case. [14][2016] VSCA 271 [35]. 93The prosecution submitted you knew the sexual acts you were engaging in with Ms Strickland, specifically the charged offending was wrong, and such, in my opinion, is apparent from your record of interview. 94A…
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Galuak v The Queen
[2015] VSCA 300
Citation 4
…eneral deterrence will ordinarily have a lesser role to play in the sentencing of children than in the case of adults.” [10][2015] VSCA 300 [17]. 80The prosecution submitted, taking into account all of those factors, that your offending fell towards the lower end of the category for this offending. I agree. 81Mr C…
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GEM v The Queen
[2010] VSCA 168
Citation 5
…r or not there is a nexus between the abuse and the offending, will usually be critical.” [13][2010] VSCA 168 [54]. 90The court noted that in AWF the court: “confirms an objective link between the earlier abuse and ‘a condition or state of mind which is a proper basis for viewing the criminality of an offender as…
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R v Verdins
[2007] VSCA 102
Citation 6
…7](2007) 16 VR 269 (‘ Verdins’) . 50You have been engaged with support service First Step since being referred by your girlfriend in 2015. You continued to seek support from that long-term general practitioner, Dr Wright, for substance abuse and mental health. 51Prior to the COVID‑19 pandemic you had been working a…
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DPP v Toomey
[2006] VSCA 90
Citation 7
…ber of cases including DPP v Toomey[15] citing DPP v DJK.[16] [15][2006] VSCA 90. [16][2003] VSCA 109 [17-18]. 121The impact of your offending upon a victim is a relevant sentencing consideration (see s.5 Sentencing Act 1991). I am, however, conscious that I must not allow the effects upon a victim to swamp the s…
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R v Jones
[2004] VSCA 68
Citation 8
…red bedroom, a few times outside. 14I turn to the charge on the indictment, which is a ‘rolled-up’ charge (see R v Jones) .[3] [3][2004] VSCA 68. 15In 2005 you, Ms Strickland and the family moved house. You were then 16 and Ms Strickland 14. You both had your own bedrooms. 16On one day in 2005 you and Ms Strickla…
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DPP v DJK
[2003] VSCA 109
Citation 9
…ng DPP v Toomey[15] citing DPP v DJK.[16] [15][2006] VSCA 90. [16][2003] VSCA 109 [17-18]. 121The impact of your offending upon a victim is a relevant sentencing consideration (see s.5 Sentencing Act 1991). I am, however, conscious that I must not allow the effects upon a victim to swamp the sentencing process. 12…
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R v Rankin
[2001] VSCA 158
Citation 10
…wed proper regard to be had to the full circumstances in which your offending occurred ( R v Rankin[11] ). I agree. [11][2001] VSCA 158. 82Turning to the Victim Impact Statement, the prosecution submitted it was clear there had been a very significant and ongoing negative impact upon Ms Strickland as a result of y…