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Zarghami v R
[2020] VSCA 74
Citation 1
…ay think it is worth considering trafficking in drugs. Drug trafficking is pernicious. It attacks the very fabric of society – Zarghami [2020] VSCA 74 . 83The Courts must convey the message loud and clear through the sentences imposed that traffickers, when brought before the court, will be actually dealt with in…
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Du Thanh Tran v The Queen
[2018] VSCA 107
Citation 2
…College of Victoria sentencing manual. 88I have also looked at the two cases that I was referred to by the prosecutor, he cases of Tran [2018] VSCA 107 and Tiong [2016] VSCA 257. 89I have read those cases. They are in some ways comparable, but as is usually the position, they are not on all fours, nor did the pros…
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Sharman (a pseudonym) v The Queen
[2017] VSCA 241
Citation 3
…cts of that case of Doran , and other cases, such as JBM v The Queen [2013] VSCA 69 (“ JBM” ) and Sharman (a pseudonym) v The Queen [2017] VSCA 241 ( “Sharman” ). He was not suggesting that you were vaguely in the same setting as Doran , and plainly you were not. You had been arrested. You were being interviewed a…
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Tiong v The Queen
[2016] VSCA 257
Citation 4
…cing manual. 88I have also looked at the two cases that I was referred to by the prosecutor, he cases of Tran [2018] VSCA 107 and Tiong [2016] VSCA 257. 89I have read those cases. They are in some ways comparable, but as is usually the position, they are not on all fours, nor did the prosecutor suggest they were.…
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McNaughton v The Queen
[2014] VSCA 174
Citation 5
…p the statements made in one of the cases I was referred to - see the case of Tiong , at paragraph 37, where the court cited the case of McNaughton [2014] VSCA 174. You did not just traffick in a single drug. You trafficked in a variety of drugs and that was the nature of your business such as it was. There must b…
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JBM v The Queen
[2013] VSCA 69
Citation 6
…n” ) discount. I doubted that submission and raised with him the facts of that case of Doran , and other cases, such as JBM v The Queen [2013] VSCA 69 (“ JBM” ) and Sharman (a pseudonym) v The Queen [2017] VSCA 241 ( “Sharman” ). He was not suggesting that you were vaguely in the same setting as Doran , and plain…
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R v Verdins
[2007] VSCA 102
Citation 7
…there is an increased custodial burden in this case, and I take it into account in your favour. Verdins 52Your counsel raised the case of R v Verdins [2007] VSCA 102 (“ Verdins ”). He said that only one limb from that case applied, being the 5 th limb. I accept the submission made as to the application of the 5 th…
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R v Doran
[2005] VSCA 271
Citation 8
…and above the information available to the police. You counsel went to this area by saying that I had to give full weight to the R v Doran [2005] VSCA 271 (“ Doran” ) discount. I doubted that submission and raised with him the facts of that case of Doran , and other cases, such as JBM v The Queen [2013] VSCA 69 (…
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R v McKee
[2003] VSCA 16
Citation 9
…ut the disturbing or distressing events which had occurred in your early life. I believe I can in fact give some limited weight to the McKee Brooks [2003] VSCA 16 submission made on your behalf by Mr Hartnett. It is, though, so limited because your offending is only in a quite modest way connected up to your addi…
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DPP v Bourke
[2020] VSC 130
Citation 10
…lty plea, and it must lead to a reduction of sentence. That is the law. Reference was made to a decision of Justice Dixon in the case of Bourke [2020] VSC 130. With respect, that principle was a novel one and I am far from convinced by it, but ultimately, that is neither here nor there. That Judge made those stat…