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DPP v Kenneison
[2023] VSCA 321
Citation 1
…in combination even when the constituent circumstances are mainly, or even wholly, relevantly common[8] . [8] See also DPP v Kenneison [2023] VSCA 321 [37]-[41]. 108The Court of Appeal held in Lombardo that despite the accused’s youth, good character, remorse, grief and prospects of rehabilitation, these were not…
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Director of Public Prosecutions v Lombardo
[2022] VSCA 204
Citation 2
…eful and powerful, so as to justify not imposing a custodial sentence. [6] Farmer v The Queen [2020] VSCA 140. [7] Lombardo v The Queen [2022] VSCA 204. 106The second critical step, if the circumstances are substantial and compelling, asks whether they are also exceptional and rare. This is to be regarded as a com…
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DPP v Bowen
[2021] VSCA 355
Citation 3
(Para 53)
…did not come close ‘to satisfying the extraordinarily stringent requirements of s5(2H)(e) (at [53]). [11] DPP v Bowen [2021] VSCA 355. 110Within the bounds of reasonableness whether an applicant’s circumstances meet the threshold requirement of s.5(2H)(e) is ultimately for the sentencing judge to determine and eva…
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Fariah v The Queen
[2021] VSCA 213
Citation 4
…individually are relatively common may in combination enliven the exception …’[12] . [12] Fariah v The Queen [2021] VSCA 213; see also DPP v Bowen [2021] VSCA 355; Kenneison . 111In summary, your counsel submits that the cumulative effect of the following matters amounts to substantial and compelling circumstance…
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Taleb v The Queen
[2020] VSCA 329
Citation 5
(Para 22)
…that in sentencing for such matters, ‘general deterrence is a sentencing principle of great importance’[4] . [3] Taleb v The Queen [2020] VSCA 329. [4] Taleb , at [22]; Begg v The Queen [2020] VSCA 183. 67In respect of charge 1, which you both have in common, I take into account that the victim of your theft was…
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Begg v The Queen
[2020] VSCA 183
Citation 6
…egislation Cited: ss 5(1), 5(2)(H)(e), 6AAA Sentencing Act 1991 (Vic) Cases Cited: Filiz v The Queen [2014] VSCA 212 , Begg v The Queen [2020] VSCA 183 ; and DPP v Meyers [2014] VSCA 314; Azzorpardi v The Queen (2011) 35 VR 43; Bugmy v The Queen [2013] HCA 37. Sentence - Wuordol: Total effective sentence of 370 da…
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Farmer v The Queen
[2020] VSCA 140
Citation 7
…is circumstances that are weighty and forceful and powerful, so as to justify not imposing a custodial sentence. [6] Farmer v The Queen [2020] VSCA 140. [7] Lombardo v The Queen [2022] VSCA 204. 106The second critical step, if the circumstances are substantial and compelling, asks whether they are also exceptional…
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Azzopardi v R
[2019] NSWCCA 306
Citation 8
…Cited: Filiz v The Queen [2014] VSCA 212 , Begg v The Queen [2020] VSCA 183 ; and DPP v Meyers [2014] VSCA 314; Azzorpardi v The Queen (2011) 35 VR 43; Bugmy v The Queen [2013] HCA 37. Sentence - Wuordol: Total effective sentence of 370 days imprisonment, community corrections order of 30 months. Sentence – Nyak:…
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DPP v Meyers
[2014] VSCA 314
Citation 9
…e), 6AAA Sentencing Act 1991 (Vic) Cases Cited: Filiz v The Queen [2014] VSCA 212 , Begg v The Queen [2020] VSCA 183 ; and DPP v Meyers [2014] VSCA 314; Azzorpardi v The Queen (2011) 35 VR 43; Bugmy v The Queen [2013] HCA 37. Sentence - Wuordol: Total effective sentence of 370 days imprisonment, community correcti…
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Filiz v The Queen
[2014] VSCA 212
Citation 10
…justice – plea of guilty - Bugmy Legislation Cited: ss 5(1), 5(2)(H)(e), 6AAA Sentencing Act 1991 (Vic) Cases Cited: Filiz v The Queen [2014] VSCA 212 , Begg v The Queen [2020] VSCA 183 ; and DPP v Meyers [2014] VSCA 314; Azzorpardi v The Queen (2011) 35 VR 43; Bugmy v The Queen [2013] HCA 37. Sentence - Wuordol:…
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Bugmy v The Queen
[2013] HCA 37
Citation 11
…CA 212 , Begg v The Queen [2020] VSCA 183 ; and DPP v Meyers [2014] VSCA 314; Azzorpardi v The Queen (2011) 35 VR 43; Bugmy v The Queen [2013] HCA 37. Sentence - Wuordol: Total effective sentence of 370 days imprisonment, community corrections order of 30 months. Sentence – Nyak: Total effective sentence of 172…
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Azzopardi v The Queen
[2011] VSCA 372
Citation 12
…he courts are conscious that incarceration of a young person for an extended period in an adult prison may be counterproductive .’ [13] [2011] VSCA 372. 128As was also stated by the Court, as the level of seriousness of the criminality increases there will be a corresponding reduction in the mitigating effects of…
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R v Skura
[2004] VSCA 53
Citation 13
…e for a sentencing judge to give full weight to a supportive victim impact statement, as was provided here.’[15] [15] R v Skura [2004] VSCA 53 [13]. 131Applying these principles broadly, a victim’s attitude itself cannot, and does not govern the sentencing approach and in assessing the need for general deterrence…
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R v Wright
[1998] VSCA 84
Citation 14
…erefore his level of maturity and psychosocial awareness would already be reduced compared to the adult population. [17] R v Mills [1998] 4 VR 235; Azzopardi . 151You were granted bail on strict conditions to live with your mother and siblings in Pakenham. Part of your bail was to engage with a Youth Justic…
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Director of Public Prosecutions v Anand (a pseudonym)
[2023] VCC 1437
Citation 15
…ee on behalf of himself and his wife, that your ‘work and community engagement continues.’ [16] DPP v Anand (a pseudonym) [2023] VCC 1437 (17 August 2023). 132Turning to your involvement in the Restorative Conference, it has been more challenging to find judicial guidance in this jurisdiction on this point. There…