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Director of Public Prosecutions v Tune

Director of Public Prosecutions v Tune

Case [2023] VCC 149

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AGLC: Director of Public Prosecutions v Tune [2023] VCC 149
Case: [2023] VCC 149
Decision Date: 15 February 2023

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Director of Public Prosecutions v Tune [2023] VCC 149

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Worboyes v The Queen [2021] VSCA 169
Citation 1

…Legislation Cited: Crimes Act 1958 (Vic.); Dangerous Goods Act 1985 Cases Cited: Salmi v The Queen [2020] VSCA 250; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VSCA 258 Sentence: Imprisonment for 4 ye…
Salmi v The Queen [2020] VSCA 250
Citation 2

…functional childhood – Substance abuse Legislation Cited: Crimes Act 1958 (Vic.); Dangerous Goods Act 1985 Cases Cited: Salmi v The Queen [2020] VSCA 250; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VS…
Brown v The Queen [2020] VSCA 212
Citation 3

…Queen [2020] VSCA 250; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VSCA 258 Sentence: Imprisonment for 4 years; non-parole period 2 years and 8 months. Fine of $500. Section 6AAA – Imprisonment for 5 y…
Donohue v The Queen [2019] VSCA 160
Citation 4 (Para 44)

…deprivation in sentencing.[23] [22] See by way of example DPP v Terrick (2009) 24 VR 457 at 469; DPP v Herrmann [2019] VSCA 160 at [44]. [23] DPP v Herrmann [2019] VSCA 160 at [45]. 35In line with the conclusions in Mr Staios’s report, which I note is uncontested, I accept that you experienced a highly dysfunction…
Davies v The Queen [2019] VSCA 66
Citation 5

…nd was assessed as a very high likelihood of re-offending. He also had a prior conviction for arson. On appeal, he was resentenced to six years. [31] [2019] VSCA 66. 45Finally, in McPadden v The Queen, [32] a sentence of five years was described as ‘lenient’ by the Court of Appeal. The offender had procured his c…
McPadden v The Queen [2018] VSCA 57
Citation 6

…ther charge of reckless conduct endangering serious injury. The offender pleaded not guilty, showed no remorse and had no prior convictions. [32] [2018] VSCA 57.…
Beevers v The Queen [2016] VSCA 271
Citation 7

…[29] [2016] VSCA 271. 43In Luciano v The Queen ,[30] a house valued at $929,696 was destroyed in the context of threats toward the victim by the offender. The offender went to the property equipped with petrol. The offender had no prior convictions. A sentence of 4 years and 2 months was upheld on appeal. [30] [20…
Luciano v The Queen [2015] VSCA 173
Citation 8

…ender went to the property equipped with petrol. The offender had no prior convictions. A sentence of 4 years and 2 months was upheld on appeal. [30] [2015] VSCA 173. 44In Davies v The Queen, [31] a bakery business valued in excess of $400,000 was destroyed. The offender, who pleaded not guilty, displayed no remor…
Bugmy v The Queen [2013] HCA 37
Citation 9

…this modest mitigation with the discount afforded by the application of Verdins principles.[25] [24] (2013) 249 CLR 571. [25] DPP v Herrmann [2019] VSCA 160 at [82]; R v Nolan [2020] VSC 416 at [43].…
Charles v The Queen [2011] VSCA 399
Citation 10

…Act 1985 Cases Cited: Salmi v The Queen [2020] VSCA 250; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VSCA 258 Sentence: Imprisonment for 4 years; non-parole period 2 years and 8 months. Fine of $500.…
Cedic v The Queen [2011] VSCA 258
Citation 11

…e Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VSCA 258 Sentence: Imprisonment for 4 years; non-parole period 2 years and 8 months. Fine of $500. Section 6AAA – Imprisonment for 5 years and 3 months; non-parole period…
DPP v Terrick [2009] VSCA 220
Citation 12

…eral approach’ to the role of childhood deprivation in sentencing.[23] [22] See by way of example DPP v Terrick (2009) 24 VR 457 at 469; DPP v Herrmann [2019] VSCA 160 at [44]. [23] DPP v Herrmann [2019] VSCA 160 at [45]. 35In line with the conclusions in Mr Staios’s report, which I note is uncontested, I accept th…
R v Verdins [2007] VSCA 102
Citation 13

…t 1958 (Vic.); Dangerous Goods Act 1985 Cases Cited: Salmi v The Queen [2020] VSCA 250; Worboyes v The Queen [2021] VSCA 169; R v Verdins (2007) 16 VR 269; Charles v R [2011] VSCA 399; Brown v The Queen [2020] VSCA 212; Romero v The Queen [2011] VSCA 258 Sentence: Imprisonment for 4 years; non-parole period 2 years…
Pearce v The Queen [1998] HCA 57
Citation 14

…t.[3] [3] A court may only have regard to a matter in aggravation of sentence if it is proved beyond reasonable doubt – see R v Storey [1998] 1 VR 359.…
R v Nolan [2020] VSC 416
Citation 15 (Para 82)

…rdins principles.[25] [24] (2013) 249 CLR 571. [25] DPP v Herrmann [2019] VSCA 160 at [82]; R v Nolan [2020] VSC 416 at [43].…

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