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Kenneth McNiece v The Queen
[2019] VSCA 78
Citation 1
…hich the seriousness of child pornography offences can be assessed including the case of Garside [2016] VSCA 774. See also the recent case of McNiece [2019] VSCA 78. But I could as easily cite from 20 other cases from our Court of Appeal. There have been many strong statements made in our Court of Appeal in this…
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Holland (a pseudonym) v The Queen
[2018] VSCA 241
Citation 2
…ly posed a high risk of re-offence. She took me to a couple of cases where sibling incest had been dealt with before the Courts, the cases of Holland [2018] VSCA 241 as well as the case of Joyner [2018] VCC 338. I have read those cases. No-one said they were on all fours and plainly they were not.…
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Crawford (a pseudonym) v The Queen
[2018] VSCA 113
Citation 3
…for single instances of incest, or single instances of commission of an indecent act can provide no relevant guidance at all to my task. See Crawford [2018] VSCA 113, para 68.…
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DPP v Hopson
[2016] VSCA 303
Citation 4
…principle of totality and I must give them their due weight. See Beyer v R [2011] VSCA 15, R v RHMC [2000] 203 CLR 452, HPW 2011 VSCA 88 , and Hopson [2016] VSCA 303).…
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DPP v Dalgliesh (a pseudonym)
[2016] VSCA 148
Citation 5
…ng practices. I have to be very careful about looking at other cases or statistics for a number of reasons. The Court of Appeal decision of Dalgleish [2016] VSCA 148 was critical of past sentencing practices for some instances of the crime of incest. That aspect of that decision was approved in the High Court. The…
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Latina v The Queen
[2015] VSCA 102
Citation 6
…admission in relation to your brother that founds Charge 1. That is not referred to in his statement. So, cases such as Doran [2005] VSCA 271, Latina [2015] VSCA 102, as well as Ellis [2005] VSCA 105, suggest that this sort of detailed admission of matters not then known to police, can be demonstrative of sincere…
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Sherritt v The Queen
[2015] VSCA 1
Citation 7
…early acts against your sister because quite simply, you were not one. You were a child and your offending has to be seen in that light. See Sherritt [2015] VSCA 1, Better [2003] VSCA 71, Miller [2011] 1 VSCA 143 and Boland [2007] VSCA 242.…
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Beyer v R
[2011] VSCA 15
Citation 8
…nore these serious offender provisions. They involve a modification of the principle of totality and I must give them their due weight. See Beyer v R [2011] VSCA 15, R v RHMC [2000] 203 CLR 452, HPW 2011 VSCA 88 , and Hopson [2016] VSCA 303).…
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R v Boland
[2007] VSCA 242
Citation 9
…were a child and your offending has to be seen in that light. See Sherritt [2015] VSCA 1, Better [2003] VSCA 71, Miller [2011] 1 VSCA 143 and Boland [2007] VSCA 242.…
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R v Doran
[2005] VSCA 271
Citation 10
…ding of course even the admission in relation to your brother that founds Charge 1. That is not referred to in his statement. So, cases such as Doran [2005] VSCA 271, Latina [2015] VSCA 102, as well as Ellis [2005] VSCA 105, suggest that this sort of detailed admission of matters not then known to police, can be d…
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DPP v Ellis
[2005] VSCA 105
Citation 11
…her that founds Charge 1. That is not referred to in his statement. So, cases such as Doran [2005] VSCA 271, Latina [2015] VSCA 102, as well as Ellis [2005] VSCA 105, suggest that this sort of detailed admission of matters not then known to police, can be demonstrative of sincere or genuine remorse, indicative of…
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R v Better
[2003] VSCA 71
Citation 12
…r sister because quite simply, you were not one. You were a child and your offending has to be seen in that light. See Sherritt [2015] VSCA 1, Better [2003] VSCA 71, Miller [2011] 1 VSCA 143 and Boland [2007] VSCA 242.…
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R H McL v The Queen
[2000] HCA 46
Citation 13
…isions. They involve a modification of the principle of totality and I must give them their due weight. See Beyer v R [2011] VSCA 15, R v RHMC [2000] 203 CLR 452, HPW 2011 VSCA 88 , and Hopson [2016] VSCA 303).…
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Director of Public Prosecutions v Joyner (a pseudonym)
[2018] VCC 338
Citation 14
…e to a couple of cases where sibling incest had been dealt with before the Courts, the cases of Holland [2018] VSCA 241 as well as the case of Joyner [2018] VCC 338. I have read those cases. No-one said they were on all fours and plainly they were not.…