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De Haas v The King
[2024] VSCA 141
Citation 1
…ded by the Crown. None of those is on all fours. For instance, a guilty plea existed in the matter of De Haas [9]. [9] De Haas v The King [2024] VSCA 141 133One can never find an identical case, and frankly, even if one could be found, there is no such thing as one correct sentence. There is instead a range of ava…
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Dhal v The King
[2023] VSCA 289
Citation 2
…ewton [6] and Dhal [7] . [5] Sabatucci v The Queen [2021] VSCA 340 [6] Newton (a pseudonym) v The King [2023] VSCA 22 [7] Dhal v The King [2023] VSCA 289 100This case law makes it clear enough that social disadvantage will not attract the same weight in every case, or in the same fashion. That the weight to be giv…
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Newton (a pseudonym) v The King
[2023] VSCA 22
Citation 3
…ses, cases such as Sabatucci [5], Newton [6] and Dhal [7] . [5] Sabatucci v The Queen [2021] VSCA 340 [6] Newton (a pseudonym) v The King [2023] VSCA 22 [7] Dhal v The King [2023] VSCA 289 100This case law makes it clear enough that social disadvantage will not attract the same weight in every case, or in the sam…
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Sabbatucci v The Queen
[2021] VSCA 340
Citation 4
…d Herrmann which I have mentioned, but also other cases, cases such as Sabatucci [5], Newton [6] and Dhal [7] . [5] Sabatucci v The Queen [2021] VSCA 340 [6] Newton (a pseudonym) v The King [2023] VSCA 22 [7] Dhal v The King [2023] VSCA 289 100This case law makes it clear enough that social disadvantage will not a…
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DPP v Herrmann
[2021] VSCA 160
Citation 5
…ils of it. 94The Bugmy principles have been referred to in many other cases in this State, including the decision of Herrmann. [4] [4] DPP v Herrmann [2021] VSCA 160 (‘ Herrmann’ ) 95The application of these principles does not depend upon proof of any causal connection between the background and the offending. 96…
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Sayer v The Queen
[2018] VSCA 177
Citation 6
(Para 92)
…what is described as the two-stage process involved in this style of application.[12] [11] Bowden v The Queen [2013] VSCA 382 [12] Sayer v The Queen [2018] VSCA 177 at [92] 202I must be satisfied beyond reasonable doubt that at the time of your ultimate release you will pose a risk to the sexual safety of another…
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DPP v Weybury
[2018] VSCA 120
Citation 7
…rank offences by endeavouring to apply an adjective to describe where they fit on the spectrum of offence seriousness. [10] DPP v Weybury [2018] VSCA 120. Low-level, mid-level, high-level or falling towards any of those levels, what does it really mean? There is no mathematical precision in applying an adjective.…
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Bowden v The Queen
[2013] VSCA 382
Citation 8
…ge in Bowden. Those decisions spell out what is described as the two-stage process involved in this style of application.[12] [11] Bowden v The Queen [2013] VSCA 382 [12] Sayer v The Queen [2018] VSCA 177 at [92] 202I must be satisfied beyond reasonable doubt that at the time of your ultimate release you will pose…
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Bugmy v The Queen
[2013] HCA 37
Citation 9
…ment: Pleaded Guilty to breach IVO intending to cause harm x2 and persistent contravention of IVO x2 - Unenviable background: Bugmy v The Queen [2013] HCA 37 - R v Verdins [2007] VSCA 102: limb 5 - Medical conditions increasing burden as well.…
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DPP v Terrick
[2009] VSCA 220
Citation 10
…ick. [8] Our backgrounds leave their mark, of course they do, and no doubt yours has left a mark on you to some extent. [8] DPP v Terrick [2009] VSCA 220 101So I do take into account your background as far as I am able to and I apply those principles from Bugmy in the general fashion to my task, despite the explic…
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R v Verdins
[2007] VSCA 102
Citation 11
…ch IVO intending to cause harm x2 and persistent contravention of IVO x2 - Unenviable background: Bugmy v The Queen [2013] HCA 37 - R v Verdins [2007] VSCA 102: limb 5 - Medical conditions increasing burden as well.…