-
Buckley v The Queen
[2022] VSCA 138
Citation 1
…o bring himself within that exception whereas a burden is cast in relation to s10A(2)(c)(i). See the case of Fariah.[6] [4] Buckley, Beau v The Queen [2022] VSCA 138 [5] Director of Public Prosecutions v Bowen [2021] VSCA 355; 65 VR 385 [6] Fariah v The Queen [2021] VSCA 213 s10A(2)(c)(i) 136As to s10A(2)(c)(i) th…
-
DPP v Bowen
[2021] VSCA 355
Citation 2
…st in relation to s10A(2)(c)(i). See the case of Fariah.[6] [4] Buckley, Beau v The Queen [2022] VSCA 138 [5] Director of Public Prosecutions v Bowen [2021] VSCA 355; 65 VR 385 [6] Fariah v The Queen [2021] VSCA 213 s10A(2)(c)(i) 136As to s10A(2)(c)(i) the court may make a finding that a special reason exists if t…
-
Fariah v The Queen
[2021] VSCA 213
Citation 3
…ariah.[6] [4] Buckley, Beau v The Queen [2022] VSCA 138 [5] Director of Public Prosecutions v Bowen [2021] VSCA 355; 65 VR 385 [6] Fariah v The Queen [2021] VSCA 213 s10A(2)(c)(i) 136As to s10A(2)(c)(i) the court may make a finding that a special reason exists if the offender proves on the balance of probabilities…
-
Worboyes v The Queen
[2021] VSCA 169
Citation 4
…ision of Worboyes [2]. There is an ever-growing backlog of cases waiting for a hearing and your case is now not one of them. [2] Worboyes v The Queen [2021] VSCA 169 67I take these various matters into account in mitigation. Remorse 68 Your counsel argued that there was some remorse. He relied upon your guilty ple…
-
Farmer v The Queen
[2020] VSCA 140
Citation 5
…out how high this test is. So too Bowen from last year. At paragraph 44 of the decision of Buckley , the Court of Appeal said: [9] Farmer v The Queen [2020] VSCA 140 ‘As we have said, the legislative intention could not be clearer, by adding the words that are 'exceptional and rare', that Parliament intended to ma…
-
Johns v The Queen
[2020] VSCA 135
Citation 6
…task in such cases. See for instance, Mammoliti [10], Johns [11] and Esmaili. [12] . [10] Mammoliti v The Queen [2020] VSCA 52 [11] Johns v The Queen [2020] VSCA 135 [12] Esmaili v The Queen [2020] VSCA 63 General 150I turn then to some general matters. I am required to take into account a large range of matters i…
-
Esmaili v The Queen
[2020] VSCA 63
Citation 7
…moliti [10], Johns [11] and Esmaili. [12] . [10] Mammoliti v The Queen [2020] VSCA 52 [11] Johns v The Queen [2020] VSCA 135 [12] Esmaili v The Queen [2020] VSCA 63 General 150I turn then to some general matters. I am required to take into account a large range of matters including the maximum penalty and the nat…
-
Jason Mammoliti v The Queen
[2020] VSCA 52
Citation 8
…ry minimum periods and the sentencing task in such cases. See for instance, Mammoliti [10], Johns [11] and Esmaili. [12] . [10] Mammoliti v The Queen [2020] VSCA 52 [11] Johns v The Queen [2020] VSCA 135 [12] Esmaili v The Queen [2020] VSCA 63 General 150I turn then to some general matters. I am required to take…
-
Lukudu v The Queen
[2019] VSCA 248
Citation 9
…. See paragraph 46. I should say, that is reflected in the most recent snapshot for intentionally causing serious injury. [14] Lukudu v The Queen [2019] VSCA 248 [15] Director of Public Prosecutions v Matthew John Evans [2019] VSCA 239 157In the case of Nash , to which I have referred, Priest JA said that the expe…
-
DPP v Evans
[2019] VSCA 239
Citation 10
…pshot for intentionally causing serious injury. [14] Lukudu v The Queen [2019] VSCA 248 [15] Director of Public Prosecutions v Matthew John Evans [2019] VSCA 239 157In the case of Nash , to which I have referred, Priest JA said that the experience shows that the circumstances of the commission of the offence of in…
-
DPP v Hudgson
[2016] VSCA 254
Citation 11
…, that was a very high bar indeed, as cases interpreting that older provision made clear. See for instance the case of Hudgson [8]. [8] DPP v Hudgson [2016] VSCA 254 144This is a very strict provision with a very high threshold. It is and is designed to be a stringent test. See the case of Farmer [9]. I cannot jus…
-
Arthars v The Queen
[2013] VSCA 258
Citation 12
…·Generalised anxiety disorder. ·Social anxiety disorder. ·Stimulant use disorder; and ·Alcohol use disorder. [3] Arthars v The Queen [2013] VSCA 258; 39 VR 613…
-
Nash v The Queen
[2013] VSCA 172
Citation 13
…r of assessment of gravity of the given offence. I mentioned that case in discussions with counsel over the course of the plea. [13] Nash v The Queen [2013] VSCA 172 (“ Nash ”) 156I have also looked at the case of Lukudu [14] and Evans [15] which speak of the importance of general deterrence and the reality of sen…
-
DPP v Terrick
[2009] VSCA 220
Citation 14
…with the high-level sentences imposed for intentionally causing serious injury or even recklessly causing serious injury were; [17] DPP v Terrick [2009] VSCA 220 ( “Terrick” ) ·One, where the attack was unprovoked; ·Two, that it continued after the victim had become unconscious; ·Three, that the victim sustained v…
-
R v Verdins
[2007] VSCA 102
Citation 15
…and multiple facial fractures. 7 days in ICU, 21 days in induced coma. 46 years old; some criminal history; guilty plea. Delay; COVID-19. R v Verdins [2007] VSCA 102 (“ Verdins” )…
-
DPP v Haberfield
[2019] VCC 2082
Citation 16
…n in an appeal to this court of Haberfield [7] in 2019 but that amendment does not apply to my task. [7] Director of Public Prosecutions v Haberfield [2019] VCC 2082 137The proviso introduced by s10A(2A) is that this special reason will not be available if the impaired mental functioning was caused solely by self-…