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Chenhall v The Queen
[2021] VSCA 175
Citation 1
…e plea of guilty results in a perceptible amelioration of sentence.” See also Chenhall v R [2021] VSCA 175. [4]Exhibit 4 20 sessions with him and have gained what I was told was some insight and understanding of your offending behaviour and its causes over those sessions. Mr Hanley's report and Mr Newton's report…
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Worboyes v The Queen
[2021] VSCA 169
Citation 2
(Para 35)
…ed with a psychologist, Mr Peter Hanley. Mr Hanley's report is Exhibit 3. You have attended [3] Worboyes v R [2021] VSCA 169 at [35], [39]: “We therefore consider that, whilst the courts of this State continue to labour under the adverse effects of the pandemic, a sentencing court should view a plea of guilty as c…
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DPP (Cth) v Garside
[2016] VSCA 74
Citation 3
…with rehabilitative conditions. [9][2014] VSCA 347. See also Smith [2010] VSCA 215 [23], Ison [2010] VSCA 286 [28]-[29], both referred to in Garside [2016] VSCA 74, [56]-[59] 31A discrete legal issue arose as to the operation of cumulation provisions as the legislation changed between the period over which Charg…
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DPP (Cth) v Zarb
[2014] VSCA 347
Citation 4
…concluded that imprisonment is the only available sentence, it should involve an immediate release on recognisance with rehabilitative conditions. [9][2014] VSCA 347. See also Smith [2010] VSCA 215 [23], Ison [2010] VSCA 286 [28]-[29], both referred to in Garside [2016] VSCA 74, [56]-[59] 31A discrete legal issue…
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The Queen v Hancock
[2011] NTCCA 14
Citation 5
…joyment of child abuse material and paedophilic activities in general. In support of that submission the prosecution referred to Hancock .[2] [2][2011] NTCCA 14, where the Court of Criminal Appeal referred to the sentencing Judge’s observation concerning written child abuse material, at [35]: “His Honour noted tha…
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DPP (Cth) v Ison
[2010] VSCA 286
Citation 6
…it should involve an immediate release on recognisance with rehabilitative conditions. [9][2014] VSCA 347. See also Smith [2010] VSCA 215 [23], Ison [2010] VSCA 286 [28]-[29], both referred to in Garside [2016] VSCA 74, [56]-[59] 31A discrete legal issue arose as to the operation of cumulation provisions as the l…
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DPP v Smith
[2010] VSCA 215
Citation 7
…he only available sentence, it should involve an immediate release on recognisance with rehabilitative conditions. [9][2014] VSCA 347. See also Smith [2010] VSCA 215 [23], Ison [2010] VSCA 286 [28]-[29], both referred to in Garside [2016] VSCA 74, [56]-[59] 31A discrete legal issue arose as to the operation of cum…
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R v Vantoosten
[2009] QCA 54
Citation 8
…offence gravity than quantity, in the end the submission was that the offending that comprises Charge 2 should be assessed as ‘medium’ range. [11][2009] QCA 54 36The Director submitted that in all the circumstances of this case the exceptional circumstances test as it applies to Charge 2 was not made out, and su…
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R v Verdins
[2007] VSCA 102
Citation 9
…of it to facilitate exploration of your sexuality. [7][2007] VSCA 102 [8]Exhibit 4, para 13 26On the basis of all the material it was submitted on your behalf that your prospects of rehabilitation should be assessed as reasonably good. In my view the psychological reports tendered do not support such an assessmen…
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CDirector of Public Prosecutions v Robbins (a pseudonym)
[2021] VCC 2172
Citation 10
…harges would be warranted if a sentence of imprisonment was to be imposed. 33As to whether exceptional circumstances were made out in relation to [10][2021] VCC 2172 Charge 2, I was referred to Lucas Robbins (a pseudonym) ,[10] a decision of Judge Holding of this court in December last year, a case in which it was…