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Cases Citing This Decision
3
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Jawahiri v The Queen
[2021] VSCA 287
Citation 1
…[2020] VCC 1351 (Judge Tinney); [2021] VCC 1182 (Judge Gucciardo)…
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Raphel Jawahiri v The Queen
[2021] VSCA 75
Citation 2
(Para 1)
…cant’s severe injuries based on the agreed prosecution summary, describing the CCTV footage of the attack as ‘startling’.[3] [3] DPP v Jawahiri [2020] VCC 1351, [19] (‘Reasons’).…
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Director of Public Prosecutions v Eser
[2021] VCC 1182
Citation 3
…89]HCA 58;(1989)168 CLR 227,233; Chow v DPP (1992) 28 NSWLR 593; R v Mielicki (1994) 72 A Crim R 72; R v Alexandridis [2008] VSCA 126; DPP v Jawahiri [2020] VCC 1351; R v Nipoe [2020] VSCA 137, R v Roe [2021] VSCA 54, R v Salazar [2021] VSCA 125, R v Tran [2009] VSCA 252 R v Sharp [2018] VSCA 327, R v Ashe [2010]…
Statutory Material Cited
0
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Lukudu v The Queen
[2019] VSCA 248
Citation 1
…portance of general deterrence and the reality of sentences in the high single figures and into double figures for this crime. [5] Lukudu v The Queen [2019] VSCA 248 [6] DPP v Evans [2019] VSCA 239 65.The snapshot demonstrates that when prison was imposed it spanned a large range of sentences. There were periods o…
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DPP v Evans
[2019] VSCA 239
Citation 2
…nd the reality of sentences in the high single figures and into double figures for this crime. [5] Lukudu v The Queen [2019] VSCA 248 [6] DPP v Evans [2019] VSCA 239 65.The snapshot demonstrates that when prison was imposed it spanned a large range of sentences. There were periods of less than one year right up to…
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DPP v Weybury
[2018] VSCA 120
Citation 3
…the Court of Appeal has recognised that fact often enough. They have been critical of this practice. See the case of Weybury [7]. [7] DPP v Weybury [2018] VSCA 120 85.This never ending quest to place an offence as though with some mathematical precision onto some spectrum of offence seriousness is greatly overrate…
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R v Kilic
[2016] HCA 48
Citation 4
…same Judge actually presided, a worst case offence is of course deserving of a sentence close to the maximum term. [9] The Queen v Kilic [2016] HCA 48 (“Kilic”) 97.The Court of Appeal in a case of Terrick [10] referred to a series of cases handed down in August 2004 where a number of statements had been made as…
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Nash v The Queen
[2013] VSCA 172
Citation 5
…erfectly normal and merely recognises the many differences which exist between cases and offenders. Something recognised in the cases. 67.In Nash v R [2013] VSCA 172 Priest JA said that experience shows that the circumstances of the commission of this offence are almost infinitely variable and therefore the senten…
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Azzopardi v The Queen
[2011] VSCA 372
Citation 6
…ght given to youth in some cases. Many of those cases are offences of violence. [1] R v Mills (1998) 4 VR 235 (“Mills”) [2] Azzopardi v The Queen [2011] VSCA 372 (“Azzopardi”) [3] DPP v Lawrence [2004] VSCA 154 50.The law ordinarily treats youth as a matter of real importance. Young people are more prone to make m…
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DPP v Terrick
[2009] VSCA 220
Citation 7
…the attack continued after the victim had become unconscious; and (iii) the victim sustained very severe injuries. [10] DPP v Terrick [2009] VSCA 220 (“Terrick”) [11] R v Huynh [2004] VSCA 156 (“Huynh”) [12] R v Sa [2004] VSCA 182 (“Sa”) 98.Fortunately for you and for your victim, as dangerous as his injuries were…
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R v Sa
[2004] VSCA 182
Citation 8
…ned very severe injuries. [10] DPP v Terrick [2009] VSCA 220 (“Terrick”) [11] R v Huynh [2004] VSCA 156 (“Huynh”) [12] R v Sa [2004] VSCA 182 (“Sa”) 98.Fortunately for you and for your victim, as dangerous as his injuries were on the night and as serious as the impact undoubtedly has been, it has not reached that…
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R v Huynh
[2004] VSCA 156
Citation 9
…e unconscious; and (iii) the victim sustained very severe injuries. [10] DPP v Terrick [2009] VSCA 220 (“Terrick”) [11] R v Huynh [2004] VSCA 156 (“Huynh”) [12] R v Sa [2004] VSCA 182 (“Sa”) 98.Fortunately for you and for your victim, as dangerous as his injuries were on the night and as serious as the impact undo…
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DPP v Lawrence
[2004] VSCA 154
Citation 10
…are offences of violence. [1] R v Mills (1998) 4 VR 235 (“Mills”) [2] Azzopardi v The Queen [2011] VSCA 372 (“Azzopardi”) [3] DPP v Lawrence [2004] VSCA 154 50.The law ordinarily treats youth as a matter of real importance. Young people are more prone to make mistakes or to act without thinking through the conseq…
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DPP v Zullo
[2004] VSCA 153
Citation 11
…xpect condign punishment in which the principles of general and on many occasions specific deterrence will play major roles”. [8] DPP v Zullo [2004] VSCA 153 (“Zullo”) 96.He went on to make it clear in that case that sentencing practices had moved on from those days where there had been a lesser maximum penalty fo…