Ahmed Mohamed v The Queen
[2022] VSCA 136
Citation 1
…elation to family hardship requiring exceptional circumstances, cannot be sustained. This is confirmed in the recent decision in Mohammed v The Queen [2022] VSCA 136 referred to by the prosecution. 68Your counsel however, submitted that similar reasoning should apply in relation to whether primacy should be given…
R v Delzotto
[2022] NSWCCA 117
Citation 2
…ition of a just sentence. As submitted by the learned prosecutor, on the authority of Bahar , which was recently followed in the case of R v Delzotto [2022] NSWCCA 117 , the mandatory head sentence for Charge 12 requires that after synthesising all the relevant considerations under s16A of the Crimes Act , including…
Totaan v The the Queen
[2022] NSWCCA 75
Citation 3
…to have regard to the matters set out in s16A of the Crimes Act and I do so. In submissions your counsel submitted that the recent case of Totaan v R [2022] NSWCCA 75 is authority for the proposition that the structure of s16A is such that no one consideration set out therein has primacy. The comments in Totaan wer…
Bahar v The Queen
[2011] WASCA 249
Citation 4
…d your immediate release upon recognisance was within range. 54I am unable to accept that submission. As discussed in cases such as Bahar v The Queen [2011] WASCA 249 the statutory minimum sentence and the maximum sentence are to be seen as guideposts for the imposition of a just sentence. As submitted by the learn…
R v Vardouniotis
[2007] VSCA 62
Citation 5
…l abuse yourself, I do not accept the submission of your counsel that this should lead to any significant reduction in moral culpability. R v Verdins [2007] VSCA 62 is not engaged, although I do accept that a sentence of imprisonment will have an impact on you due to your psychological condition and I take it int…