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Director of Public Prosecutions v Wells

Director of Public Prosecutions v Wells

Case [2025] VCC 613

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AGLC: Director of Public Prosecutions v Wells [2025] VCC 613
Case: [2025] VCC 613
Decision Date: 12 May 2025

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Director of Public Prosecutions v Wells [2025] VCC 613

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Hall v The King [2024] VSCA 255
Citation 1

…19 I have also had regard to what was said in Stephens v The Queen[1] that: [1] (2016) 50 VR 740, [21]; See also Hall v The King [2024] VSCA 255. Dangerous driving…encompasses a very wide range of conduct, but… dangerous driving causing death or serious injury is likely to receive a significant term of imprisonmen…
DPP v Kenneison [2023] VSCA 321
Citation 2

…the exceptions in s 5(2H)(a) to (e) of the Act are established. [4] DPP (Vic) v Chambers (2006) 47 MVR 22, 27 [25]; 3489; DPP (Vic) v Kenneison [2023] VSCA 321.…
Director of Public Prosecutions v Browne [2023] VSCA 13
Citation 3

…unciation and just punishment are also of significance in sentencing.[3] [3] DPP (Vic) v Chambers (2006) 47 MVR 22, 27 [25]; DPP (Vic) v Browne [2023] VSCA 13; Vasilevski v The Queen (2018) 83 MVR 351. 22The authorities make it abundantly clear that driving offences that result in the death or serious injury of a…
Director of Public Prosecutions v Lombardo [2022] VSCA 204
Citation 4

…exceptional and rare’. The prosecution noted that for the purposes of the exception in s 5(2H)(e), s 5(2HC) of the Act provides: [13] [2022] VSCA 204, [66] – [67]. In determining whether there are substantial and compelling circumstances under subsection (2H)(e), the court— (a) must regard general deterrence and d…
Buckley v The Queen [2022] VSCA 138
Citation 5

…] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 249 CLR 571; Buckley v The Queen [2022] VSCA 138. Sentence: Convicted and sentenced to 12 months imprisonment followed by a 2 years Community Corrections order with community work hours and conditions.…
Gray v The Queen [2021] VSCA 322
Citation 6

…Vic; Sentencing Act 1991 Vic; Cases Cited: DPP v Neethling (2009) 22 VR 466; Stephens v The Queen (2016) 50 VR 740; Gray v The Queen [2021] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 249 CLR 571; Buckley v The Queen [2022] VSCA 138. Sentence: Convicted and s…
Peers v The Queen [2021] VSCA 264
Citation 7

…PTSD along with the opinions of Ms Ferrari would make imprisonment more onerous for you because: [14] Peers v The Queen [2021] VSCA 264. a) You would be a vulnerable prisoner in custody as you have no experience of imprisonment or dealing with anti-social individuals and this would place you at a higher risk of be…
Fariah v The Queen [2021] VSCA 213
Citation 8

…ional and rare. That is an evaluative judgment for me to make based on the relevant facts that have been established.[12] [12] Fariah v The Queen [2021] VSCA 213. 50The prosecution submitted that in accordance with DPP v Lombardo[13] it must firstly be established that ‘substantial and compelling factors’ have bee…
Lee v The Queen [2021] VSCA 156
Citation 9

…ent of the risk which the driving creates and the extent of potential harm which would be caused should that risk materialise.[7] [6] Lee v The Queen [2021] VSCA 156, [2]. [7] R v Towle [2009] VSCA 280, [66]; Stephens v The Queen (2016) 50 VR 740, 745 [20]; [2016] VSCA 121; Woldesilassie v The Queen [2018] VSCA 28…
Woldesilassie v The Queen [2018] VSCA 285
Citation 10

…2021] VSCA 156, [2]. [7] R v Towle [2009] VSCA 280, [66]; Stephens v The Queen (2016) 50 VR 740, 745 [20]; [2016] VSCA 121; Woldesilassie v The Queen [2018] VSCA 285, [22]. 26In my view, your driving was highly dangerous, and your offending is not at the lower end of seriousness but falls well within the mid-range…
Vasilevski v The Queen [2018] VSCA 7
Citation 11

…st punishment are also of significance in sentencing.[3] [3] DPP (Vic) v Chambers (2006) 47 MVR 22, 27 [25]; DPP (Vic) v Browne [2023] VSCA 13; Vasilevski v The Queen (2018) 83 MVR 351. 22The authorities make it abundantly clear that driving offences that result in the death or serious injury of another person are very serious.…
Stephens v The Queen [2016] VSCA 121
Citation 12

…Legislation Cited: Crimes Act 1958 Vic; Sentencing Act 1991 Vic; Cases Cited: DPP v Neethling (2009) 22 VR 466; Stephens v The Queen (2016) 50 VR 740; Gray v The Queen [2021] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 249 CLR 571; Buckley v The Queen [2022] V…
Bugmy v The Queen [2013] HCA 37
Citation 13

…(2016) 50 VR 740; Gray v The Queen [2021] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 249 CLR 571; Buckley v The Queen [2022] VSCA 138. Sentence: Convicted and sentenced to 12 months imprisonment followed by a 2 years Community Corrections order with community wo…
DPP v Janson [2011] VSCA 19
Citation 14

…09) 22 VR 466; Stephens v The Queen (2016) 50 VR 740; Gray v The Queen [2021] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 249 CLR 571; Buckley v The Queen [2022] VSCA 138. Sentence: Convicted and sentenced to 12 months imprisonment followed by a 2 years Communi…
R v Towle [2009] VSCA 280
Citation 15

…eates and the extent of potential harm which would be caused should that risk materialise.[7] [6] Lee v The Queen [2021] VSCA 156, [2]. [7] R v Towle [2009] VSCA 280, [66]; Stephens v The Queen (2016) 50 VR 740, 745 [20]; [2016] VSCA 121; Woldesilassie v The Queen [2018] VSCA 285, [22]. 26In my view, your driving…
DPP v Neethling [2009] VSCA 116
Citation 16

…is met on the balance of probabilities. Legislation Cited: Crimes Act 1958 Vic; Sentencing Act 1991 Vic; Cases Cited: DPP v Neethling (2009) 22 VR 466; Stephens v The Queen (2016) 50 VR 740; Gray v The Queen [2021] VSCA 322; Lee v The Queen [2021] VSCA 322; DPP v Janson (2011) 31 VR 222; Bugmy v The Queen (2013) 24…

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