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DPP v Haberfield

DPP v Haberfield

Case [2019] VCC 2082

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AGLC: Director of Public Prosecutions v Haberfield [2019] VCC 2082
Case: [2019] VCC 2082
Decision Date: 16 Dec 2019

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Citations

Director of Public Prosecutions v Haberfield [2019] VCC 2082

Most Recent Citation

Director of Public Prosecutions v Smith [2020] VCC 480

Cases Citing This Decision

Director of Public Prosecutions v Newton [2024] VCC 1759
Citation 1

…Mental Health Act 2014, Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Cases Cited: R v Verdins [2007] VSCA 62, DPP v Haberfield [2019] VCC 2082, R v Mooney (Unreported, 21 June 1978, Full Court), R v Anderson [1981] VR 155, DPP v Milson [2019] VSCA 55, Boulton v The Queen [2014] VSCA 342. Sentence:…
Director of Public Prosecutions v Weatherburn [2022] VCC 1440
Citation 2

…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-…
Director of Public Prosecutions v Delaney [2022] VCC 791
Citation 3

…on. Further as to section 10A(2)(c)(i) that too has been tightened up with the word 'materially' added to the provision. [4] DPP v Haberfield [2019] VCC 2082 (‘ Haberfield’ ) 62 In the absence of a special reason, I must send you to prison for at least 6 months on the recklessly causing injury charge where the vic…
Director of Public Prosecutions v Fariah [2021] VCC 682
Citation 4

…[12] DPP v Haberfield [2019] VCC 2082.…
Director of Public Prosecutions v Jal [2021] VCC 488
Citation 5

…assault upon a paramedic. See the case of Haberfield [5]. I am not going to restate all the principles that apply in your case. [5] DPP v Haberfield [2019] VCC 2082. 84What I must do is to pay attention to the words used in the sub-section. They are not there by accident. I must also apply other provisions of the…
Director of Public Prosecutions v Smith [2020] VCC 480
Citation 6

…ar, in relation to an assault upon a paramedic. It was a case that attracted a fair bit of publicity. It was the case of Haberfield. See Haberfield [2019] VCC 2082. I am not going to restate all the principles that apply in your case. Frankly, I am not greatly assisted by what other Judges at my level have done in…

Cases Cited

Statutory Material Cited

Avan v The Queen [2019] VSCA 257
Citation 1 (Para 1)

…fect of two recent decisions of the Court of Appeal, which apply some principles from earlier Court of Appeal decisions. See the recent cases of Avan [2019] VSCA 257 (11 November 2019) as well as Marks [2019] VSCA 253 (8 November 2019). I am bound to follow those cases though I mentioned on the plea that I have so…
Manodh Marks v The Queen [2019] VSCA 253
Citation 2 (Para 1)

…which apply some principles from earlier Court of Appeal decisions. See the recent cases of Avan [2019] VSCA 257 (11 November 2019) as well as Marks [2019] VSCA 253 (8 November 2019). I am bound to follow those cases though I mentioned on the plea that I have some reservations as to this line of authority.…
DPP v Hudgson [2016] VSCA 254
Citation 3 (Para 1)

…existed in the older version of the Act. That is already a very high bar as some cases interpreting that older provision made clear. See Hudgson [2016] VSCA 254. The amendment adds in the words exceptional and rare. The bar is raised about as high as it can be without becoming fictional or illusory.…
Azzopardi v The Queen [2011] VSCA 372
Citation 4 (Para 1)

…hful first offender. That is of real importance. I take into account those principles as set out in cases such as Mills [1998] 4 VR 235 and Azzopardi [2011] VSCA 372 . Young people are more prone to making errors in the context of drugs and experimentation. They are not fully developed. They can make poor decision…
R v Verdins [2007] VSCA 102
Citation 5 (Para 1)

…risoners generally. Also with great risks of deterioration. I have no doubt about that at all. So the 5th and 6th principles from the case of Verdins [2007] VSCA 102 would also come into play dealing with your elevated custodial burden and risks.…
R v Wright [1998] VSCA 84
Citation 6 (Para 1)

…ore or since. So a youthful first offender. That is of real importance. I take into account those principles as set out in cases such as Mills [1998] 4 VR 235 and Azzopardi [2011] VSCA 372 . Young people are more prone to making errors in the context of drugs and experimentation. They are not fully develope…

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