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R v Edwards
[2019] QCA 15
Citation 1
(Para 61)
…volving children and may stimulate a susceptible recipient to engage in sexual activity involving real children'. 27And further, in R v Edwards [2019] QCA 15, which said, at [61], such material 'serves to fuel the demand for such material'. 28Having read the two stories supplied I must say I was appalled at thei…
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DPP v Hudgson
[2016] VSCA 254
Citation 2
…m placement providing a special reason as envisaged in s.10AB I find the test involved in such legislation is not satisfied here (see DPP v Hudgson [2016] VSCA 254, [111] & [112]). 54I accept the five arguments set out in Ms Beech’s submission at paragraph 32 of Exhibit 1, however this Court also has to have regar…
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DPP (Cth) v Garside
[2016] VSCA 74
Citation 3
…ing adults and children, and two images of Category 5. As agreed, all categories demean children and are objectively serious (see DPP (Cth) v Garside [2016] VSCA 74, [64] to [74]). Such actions also make up the breach of Condition 6.10 of the Supervision Order (Charge 7). 25As to Charge 2 the Court has not had th…
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R v Porte
[2015] NSWCCA 174
Citation 4
…e material Courts emphasise the need for substantial penalties with general deterrence and denunciation being paramount considerations (see R v Porte [2015] NSWCCA 174, [57]-[58]). It is appropriate to put into the calculus, as to Charge 1, the limited number of images displayed, albeit understanding each is individ…
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Berichon v The Queen
[2013] VSCA 319
Citation 5
…o impose condign punishment to deter the offender, and other offenders, from committing further offences of a like kind'. 42The words in Berichon v R [2013] VSCA 319 are also relevant, albeit in relation to a different crime - or quite different crimes: 43At [44] the Court said: 'The applicant had a very serious a…
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Bugmy v The Queen
[2013] HCA 37
Citation 6
…contained in Exhibit 2, [4], and Ms Raymond’s report; Exhibit E, [16] to [29]. I have no doubt that the principles set out in Bugmy v The Queen [2013] HCA 37, [41] apply here as an explanation for this criminality, and indeed his sexual deviation, and I take such into account by way of mitigation. The sorry high…
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Lecornu v The Queen
[2012] VSCA 137
Citation 7
…explained must be taken into account. I think the reference relied upon by the prosecution to the comments of the President in Lecornu v The Queen [2012] VSCA 137, [30], [31] & [76], should be confined to the facts of that case and, as the President said, such was 'common ground'. To so aggravate in this case, gi…
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Ponniah v The Queen
[2011] WASCA 105
Citation 8
…harge 1. 26As a result of the additional material and submission I have not changed that opinion, however the words of Mazza J in Ponniah v The Queen [2011] WASCA 105, [38] are apposite: 'The criminality involved in the material that does not depict real children is of a different nature…This is not to say that mat…
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R v Verdins
[2007] VSCA 102
Citation 9
…ly pre-disposed to mental illness (p.5) and requires ongoing support for his mental health. I conclude that principles 5 and 6 of R v Verdins (2007) 16 VR 269, [32] both apply in a sentence will weigh more heavily upon him than the normal person and given his crimes he faces risk of violence and associated risks to…
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R H McL v The Queen
[2000] HCA 46
Citation 10
…d, there is a tension between that section and the principle of totality. In this regard I note the comments of the High Court in R H McL v The Queen (2000) 203 CLR 452, 476-7 [76]. In the sentence I am to pronounce I have tried my best to effect the will of Parliament and, at the same time, take into account the pri…
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Veen v The Queen (No 2)
[1988] HCA 14
Citation 11
…Veen No.2 [1988] 164 CLR 465 41At page 477 of this case the following was said: 'The first is that the antecedent criminal history of an offender is a factor which may be taken into account in determining the sentence to be imposed, but it cannot be given such weight as to lead to the imposition of a penalty w…
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Secretary to the Department of Justice and Community Safety v SS (No 3)
[2021] VSC 1
Citation 12
…such submission Ms Beech adopted the reasoning of the dispositions in the case of The Queen v CE [2019] VSC (unreported) and the case of DJCS v SS [2021] VSC 1, [41]-[42]. 53As to the submission as to the Rivergum placement providing a special reason as envisaged in s.10AB I find the test involved in such legi…
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DPP v Bourke
[2020] VSC 130
Citation 13
…lt to organise, and the impact of delaying trial dates caused by COVID-19 and the circumstances as reported and taking into account, in Re Bourke [2020] VSC 130, [32], were relied upon. For all those matters I provide an appropriate discount. 58I also accept that any period in gaol, not only on remand to date but…