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Director of Public Prosecutions v Wiggett

Director of Public Prosecutions v Wiggett

Case [2021] VCC 157

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AGLC: Director of Public Prosecutions v Wiggett [2021] VCC 157
Case: [2021] VCC 157
Decision Date: 19 February 2021

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Citations

Director of Public Prosecutions v Wiggett [2021] VCC 157

Most Recent Citation

Director of Public Prosecutions v Lai [2022] VCC 485

Cases Citing This Decision

Allcool Facilities and Maintenance Pty Ltd v CCS FM Pty Ltd [2020] ACTSC 162
Citation 1 (Para 4)

…unable to pay those costs: Beach Petroleum NL v Johnson (1992) 7 ACSR 203 at 205; Deangrove Pty Ltd v Buckby [2002] FCA 1544 at [4]; ACN 105 921 962 Pty Ltd v Wiggett (2012) NSWSC 1526 at [4]. In Wollongong City Council v Legal Business Centres Pty Ltd above, Beazley JA (with whom Meagher and Barrett JJA agreed) observed…
Chan v Kai Design & Construction Pty Ltd [2014] ACTSC 86
Citation 2 (Para 4)

…unable to pay those costs: Beach Petroleum NL v Johnson (1992) 7 ACSR 203 at 205; Deangrove Pty Ltd v Buckby [2002] FCA 1544 at [4]; ACN 105 921 962 Pty Ltd v Wiggett (2012) NSWSC 1526 at [4]. In Wollongong City Council v Legal Business Centres Pty Ltd above, Beazley JA (with whom Meagher and Barrett JJA agreed) observed…
Re Pioneer Energy Holdings Pty Ltd [2013] NSWSC 1366
Citation 3 (Para 1)

…unable to pay those costs: Beach Petroleum NL v Johnson (1992) 7 ACSR 203 at 205; Deangrove Pty Ltd v Buckby [2002] FCA 1544 at [4]; ACN 105 921 962 Pty Ltd v Wiggett (2012) NSWSC 1526 at [4]. In Wollongong City Council v Legal Business Centres Pty Ltd above, Beazley JA (with whom Meagher and Barrett JJA agreed) observed…
Director of Public Prosecutions v Tan [2023] VCC 854
Citation 4

…Your offending also engages the serious offender provisions.[22] [18] DPP v Tran [2020] VCC 1748. [19] DPP v Campbell [2020] VCC 1920; DPP v Wiggett [2021] VCC 157. [20] DPP v Alexopoulos & Anor [2021] VCC 1801. [21]DPP v Vurdu-Tsotras [2020] VCC 1441. [22]The serious offender provisions were engaged in DPP v Wi…
Director of Public Prosecutions v Lai [2022] VCC 485
Citation 5

…ses in which I have made such requests, and subsequent to the last hearing, the Prosecutor was advised by my associate that those are DPP v Wiggett [2021] VCC 157, [24] and DPP v An Tran [2021] VCC 224, [24].…

Cases Cited

Statutory Material Cited

Lugo v the Queen [2020] VSCA 75
Citation 1

…he Sentencing Act also apply to your sentence. As detailed by the Court of Appeal in Brown v The Queen [2019] VSCA 286, [4] and in Lugo v The Queen [2020] VSCA 75, such standard sentence is but one of the factors to be considered under s.5(2)(ab) and does not have primary focus. It is simply one of the factors in…
Brown v the Queen [2019] VSCA 286
Citation 2

…nce, Mr Wiggett. Sections 5A, 5B and 11A of the Sentencing Act also apply to your sentence. As detailed by the Court of Appeal in Brown v The Queen [2019] VSCA 286, [4] and in Lugo v The Queen [2020] VSCA 75, such standard sentence is but one of the factors to be considered under s.5(2)(ab) and does not have prima…
DPP (Cth) v Omar [2019] VSCA 188
Citation 3

…ousness being made easier 'when the quantity is expressed as a percentage, or multiple, of the [large] commercial quantity[7].' [7] DPP (Cwth) v Omar [2019] VSCA 188, [8]. 24I must say that such agreement, which I honour, does bring with it, if I might say, a touch of unreality about the details of this crime. Mr…
Nguyen v The Queen [2019] VSCA 184
Citation 4

…here. Indeed, as to comparison of such a high volume, one has to go back to cases which pre-date the standard sentencing scheme, being Dao and Nguyen [2019] VSCA 184. 37In Nguyen the Court considered a quantity of 20 times the large commercial threshold for heroin and concluded that such rendered the charge a seri…
DPP v Condo [2019] VSCA 181
Citation 5

…ando v R [2017] VSCA 208, albeit that such uplifted sentencing practice is not a 'controlling factor', it cannot be ignored[10]. [10] See DPP v Condo [2019] VSCA 181, [20]. 30Trafficking in methamphetamine is a prevalent offence, which means the weight to be afforded general deterrence should be increased, such of…
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41
Citation 6

…ed, as said by the High Court, to a just and individualised sentence upon those facts, and that is what I intend to do[19]. [19] See Dalgliesh [2017] 91 ALJR 1063 at 1075. 43Ms Poulter conceded there is no other appropriate sentence but for imprisonment, see Exhibit 1, [1]. 44Ms Poulter tendered written submiss…
Fernando v The Queen [2017] VSCA 208
Citation 7

…not dissolved the need for an uplift as detailed by the Court of Appeal in Gregory (a pseudonym) v The Queen (2017) 268 A Crim R 1, and Fernando v R [2017] VSCA 208, albeit that such uplifted sentencing practice is not a 'controlling factor', it cannot be ignored[10]. [10] See DPP v Condo [2019] VSCA 181, [20]. 3…
Dao v The Queen [2014] VSCA 93
Citation 8

…ty was not the sole determinant of gravity. While the gravity of the crime is informed by the quantity trafficked, as the Court made clear in Dao v R [2014] VSCA 93, quantity is not determinative of the sentence, but of utmost significance and 'that other things being equal, the larger the quantity, the more seri…
Dawid v DPP [2013] VSCA 64
Citation 9

…d for both general and specific deterrence, to be effected given Mr Wiggett's prior offending, and relied specifically on the comments in Dawid v DPP [2013] VSCA 64 where the Court in referring to the immense scale and huge profits involved in such offences said: 'It is necessary that the sentences imposed for su…
Nguyen v The Queen [2011] VSCA 32
Citation 10

…ed here, that such crime was done for financial reward, albeit it was not possible on the evidence to quantify the same[9]. [9] See Nguyen & Anor v R [2011] VSCA 32, [34]. 28There was no evidence placed before the Court as to the value of the drug, either commercially or if retailed. Given the purity figure, I co…
R v Pidoto and O'Dea [2006] VSCA 185
Citation 11

…ective seriousness of the crime was reduced, with which obviously Ms Poulter also agreed, albeit acknowledging the principles of R v Pidoto and O'Dea [2006] VSCA 185, [38] and [41] and the references to comparison of judgements as to relative seriousness being made easier 'when the quantity is expressed as a perce…
R v Nguyen [2005] VSCA 172
Citation 12

…t his mental state was that there was a significant and real chance of the product being the charged drug and of the quantity thereof, see R v Nguyen [2005] VSCA 172. 23The prosecution therefore, given the agreement as to such plea, submitted that the objective seriousness of the crime was reduced, with which obvi…
Veen v The Queen (No 2) [1988] HCA 14
Citation 13

…iven such weight as to lead to the imposition of a penalty which is disproportionate to the gravity of the instant offence.”[6] [5] (No 2) 1988 164 CLR 465, [477]-[478]. [6] Ibid, [477]. 20And I might emphasise it is not taken into account on the basis that you are sentenced again for such crime. However, it i…
Director of Public Prosecutions v Dimovski [2020] VCC 1513
Citation 14

…uah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effective sentence of 12 years imprisonment with a non-parole period of 8 years imprisonment. 805 days declared as pre-sentence detention and pursuant to s.6F…
Director of Public Prosecutions v Eric Nguyen [2020] VCC 952
Citation 15

…v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effective sentence of 12 years imprisonment with a non-parole period of 8 years imprisonment. 805 days declared as pre-sent…
DPP v Kane [2020] VCC 612
Citation 16

…498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effective sentence of 12 years imprisonment with a non-parole period of 8 years imprison…
DPP v Dong [2020] VCC 298
Citation 17

…DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effective sentence of 12 years imprisonment with a non-parole…
DPP v Nguyen [2019] VCC 1815
Citation 18

…98 Cases Cited: DPP v Al Janabe & Anor [2019] VCC 1313, DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effect…
DPP v Kha [2019] VCC 1682
Citation 19

…nd Controlled Substances Act 198 Cases Cited: DPP v Al Janabe & Anor [2019] VCC 1313, DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020]…
DPP v Lamberti [2019] VCC 1498
Citation 20

…d: s.71(1) Drugs, Poisons and Controlled Substances Act 198 Cases Cited: DPP v Al Janabe & Anor [2019] VCC 1313, DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 9…
DPP v Al Janabe [2019] VCC 1313
Citation 21

…n parole period Legislation Cited: s.71(1) Drugs, Poisons and Controlled Substances Act 198 Cases Cited: DPP v Al Janabe & Anor [2019] VCC 1313, DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612…
DPP v Quah [2019] VCC 1158
Citation 22

…abe & Anor [2019] VCC 1313, DPP v Lamberti [2019] VCC 1498, DPP v Kha [2019] VCC 1682, DPP v Nguyen [2019] VCC 1815, DPP v Quah [2019] VCC 1158, DPP v Dong [2020] VCC 298, DPP v Kane [2020] VCC 612 , DPP v Erin Nguyen [2020] VCC 952 – DPP v Dimovski [2020] VCC 1513 Sentence:Total effective sentence of 12 years imp…

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