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DPP v Snow (a pseudonym)
[2020] VSCA 67
Citation 1
…criminal acts as there sometimes is. See the case of Snow [4]. [3] The Queen v McKee and Brooks [2003] VSCA 16 [4] DPP v Snow (a Pseudonym) [2020] VSCA 67 21Now, it will always be matter of what weight to attribute to evidence of a disadvantaged background. Your counsel told me she was not relying on the Bugmy li…
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DPP v Fatho
[2019] VSCA 311
Citation 2
…fickers. Some not all. The case of Gregory has been affirmed in cases since for instance DPP v Fatho and Huynh [7], Sharbell [8] and Condo [9]. [7] [2019] VSCA 311 [8] Sharbell v The Queen [2018] VSCA 324 [9] DPP v Condo [2019] VSCA 181 75Having said all that, I have to tell you that statistics do not inform my ta…
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DPP v Condo
[2019] VSCA 181
Citation 3
…ce for instance DPP v Fatho and Huynh [7], Sharbell [8] and Condo [9]. [7] [2019] VSCA 311 [8] Sharbell v The Queen [2018] VSCA 324 [9] DPP v Condo [2019] VSCA 181 75Having said all that, I have to tell you that statistics do not inform my task in the sense that they do not provide the appropriate sentence in this…
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Teryaki v The Queen
[2019] VSCA 120
Citation 4
…t applying adjectives to describe where the particular offending sits on the spectrum of offence seriousness (see Weybury) [10]. [10] DPP v Weybury [2019] VSCA 120 80However, be that as it may, I have to make a judgement as to the gravity of your offending. Now, here, the weight of the drug is a fixed matter. The…
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Sharbell v The Queen
[2018] VSCA 324
Citation 5
…y has been affirmed in cases since for instance DPP v Fatho and Huynh [7], Sharbell [8] and Condo [9]. [7] [2019] VSCA 311 [8] Sharbell v The Queen [2018] VSCA 324 [9] DPP v Condo [2019] VSCA 181 75Having said all that, I have to tell you that statistics do not inform my task in the sense that they do not provide…
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Gregory (a pseudonym) v The Queen
[2017] VSCA 151
Citation 6
…nder and it was plain enough that my task was to take into account all the relevant matters and sentence you for your crimes. [2] Gregory v The Queen [2017] VSCA 151 Background 18I turn now to your background. I am not going to descend in these reasons to all the detail of your background. It was set out before me…
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Haddara v The Queen
[2016] VSCA 168
Citation 7
…eal spoke of the prevalence of the offence of trafficking in methylamphetamine and the need to elevate general deterrence. [11] Haddara v The Queen [2016] VSCA 168 81I am not to be concerned with the harmfulness of given drugs because, as I have said, this is a quantitative-based regime. 82Duration is what it is.…
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Marrah v The Queen
[2014] VSCA 119
Citation 8
…A 220 23I give full weight to your background in the way that phrase has been employed in cases such as Bugmy [2013] 249 CLR 571 , Marrah [2014] VSCA 119 , Snow and Terrick (op cit). 24I believe though there can only be some small reduction in your moral culpability. 25Returning to your background. You are much cl…
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Bugmy v The Queen
[2013] HCA 37
Citation 9
…v Terrick [2009] VSCA 220 23I give full weight to your background in the way that phrase has been employed in cases such as Bugmy [2013] 249 CLR 571 , Marrah [2014] VSCA 119 , Snow and Terrick (op cit). 24I believe though there can only be some small reduction in your moral culpability. 25Returning to your ba…
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R v Ververis
[2010] VSCA 7
Citation 10
…ravating feature of financial gain. The absence of greed. Their moral culpability may be reduced. That is not the character of your crime at all. [6] [2010] VSCA 7 at para [35] Purposes 58I have to consider a number of purposes of sentencing. Rehabilitation is one such purposes and I do not ignore it. However yo…
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DPP v Terrick
[2009] VSCA 220
Citation 11
…It does not all flow in one direction either and can even lead to a finding of a greater need for community protection. [5] DPP v Terrick [2009] VSCA 220 23I give full weight to your background in the way that phrase has been employed in cases such as Bugmy [2013] 249 CLR 571 , Marrah [2014] VSCA 119 , Snow and Te…
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R v Verdins
[2007] VSCA 102
Citation 12
…[1] R v Verdins [2007] VSCA 102; 16 VR 269; 169 CrimR 581…
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R v McKee
[2003] VSCA 16
Citation 13
…nk or nexus between your background and the criminal acts as there sometimes is. See the case of Snow [4]. [3] The Queen v McKee and Brooks [2003] VSCA 16 [4] DPP v Snow (a Pseudonym) [2020] VSCA 67 21Now, it will always be matter of what weight to attribute to evidence of a disadvantaged background. Your counsel…