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DPP v Luca

DPP v Luca

Case [2016] VCC 1573

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AGLC: DPP v Luca [2016] VCC 1573
Case: [2016] VCC 1573
Decision Date: 24 October 2016

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Citations

DPP v Luca [2016] VCC 1573

Most Recent Citation

Director of Public Prosecutions v Martin [2017] VCC 256

Cases Citing This Decision

Director of Public Prosecutions v Sewell; Director of Public Prosecutions v Hersant [2024] VSCA 70
Citation 1 (Para 4)

…477–9 [37]–[44] (Maxwell P, Weinberg and Santamaria JJA); [2014] VSCA 308; R v Sari [2008] VSCA 137, [62]–[65] (Lasry AJA); DPP v Luca [2016] VCC 1573, [15] (Judge Kidd). [40]See above [38], [40].…
Roach v The Queen [2020] VSCA 205
Citation 2 (Para 1)

…defined. Accordingly, so it was said, there was no reason to treat recklessly causing injury as falling within that expression. [30]In DPP v Luca [2016] VCC 1573, [47], Chief Judge Kidd accepted, in accordance with the position of the parties in that case, that ‘riot’ was not a ‘prison offence’.…
Kumas v The Queen [2017] VSCA 287
Citation 3

…g rather than instinctively synthesising all relevant considerations. Particulars: (a) The sentencing judge used the sentence imposed in DPP v Luca [2016] VCC 1573 ( Luca ) as a starting point. (b) The sentencing judge determined that the applicant should receive a longer sentence than was imposed in Luca , becaus…
Director of Public Prosecutions v MA (a pseudonym) [2025] VCC 1357
Citation 4

…rson who engages with a group of others in a violent disorder bears responsibility for the collective harm and damage caused.[12] [12] DPP v Luca [2016] VCC 1573 64There are many serious features to this offending in which you were involved: · acting as a group, the offenders engaged in a violent, terrorising and…
Director of Public Prosecutions v Ray [2021] VCC 1517
Citation 5

…Subject:Plea – sentencing Catchwords: Riot – fail to answer bail Legislation Cited: Sentencing Act 1991 (Vic) Cases Cited:DPP v Luca [2016] VCC 1573, DPP v Barnes [2017] VCC 447, Kumas v The Queen [2017] VSCA 287 Sentence:2 years' imprisonment, non-parole period of 16 months' imprisonment…
Director of Public Prosecutions v Sarac [2019] VCC 844
Citation 6

…tor drew attention to some of the statements in a couple of cases of relevance, that of Kumas v The Queen [2017] VSCA 287 as well as the DPP v Luca [2016] VCC 1573. 12All those decisions obviously also had particular riot sentences contained within them, but it was more the principles that were being relied upon.…
Director of Public Prosecutions v Murphy and Connelly [2019] VCC 238
Citation 7 (Para 19)

…ciples of sentencing for this sort of offence and drew attention to statements in the case of Kumas v The Queen [2017] VSCA 287 as well as DPP v Luca [2016] VCC 1573 . Those principles are not in dispute. They placed before me a handful of what were said to be comparable cases or cases with at least some similarit…
Director of Public Prosecutions v Woods [2018] VCC 1363
Citation 8 (Para 4)

…89 million related to the repairs and maintenance of the MRC. In all 102 offenders have been charged in relation to the riot.[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10].…
Director of Public Prosecutions v Sepehrana [2018] VCC 1289
Citation 9 (Para 4)

…illion worth of costs relating to the riot, of which approximately $6.89 million related to the repairs and maintenance of the MRC.[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10].…
Director of Public Prosecutions v Carter [2018] VCC 358
Citation 10

…Cases Cited: DPP v Luca [2016] VCC 1573; R v Caird (1970) 54 Cr App Rep 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; De Castres v The Queen; Kent v The Queen [2011] VSCA 377; Postiglione v The Queen (1997) 145 ALR 408; DPP v Fikhman (Unreported, Judge Montgomery, 18 August 2017); DPP v Benson…
Director of Public Prosecutions v Ditchburn [2018] VCC 174
Citation 11

…Cases Cited: DPP v Luca [2016] VCC 1573; R v Caird (1970) 54 Cr App Rep 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; De Castres v The Queen; Kent v The Queen [2011] VSCA 377; DPP v Ditchburn [2015] VCC 1298; R v Verdins (2007) 16 VR 269; Bugmy v The Queen (2013) 249 CLR 571; R v Stevens [2009]…
Director of Public Prosecutions v Abdo [2018] VCC 65
Citation 12

…REASONS FOR SENTENCE --- Subject: Catchwords: Legislation Cited: Cases Cited: DPP v Luca [2016] VCC 1573 Sentence: ---…
Director of Public Prosecutions v Leveni [2017] VCC 1488
Citation 13 (Para 4)

…llion, related to the repairs and maintenance of the MRC. In all, 102 offenders have been charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10].…
Director of Public Prosecutions v Harris [2017] VCC 1475
Citation 14

…e factual matters of your behaviour with those of a co-offender, Luca, who was dealt with in this court by the Chief Judge, the reasons at DPP v Luca [2016] VCC 1573. The prosecution's submission that upon an analysis of your behaviour with that of Mr Luca did have a lower gravity of seriousness and your behaviour…
Director of Public Prosecutions v Mazur [2017] VCC 1442
Citation 15 (Para 4)

…roximately $6.89m related to the repairs and maintenance of the MRC. In all, 102 offenders were charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10]. 4The net effect and scale of the riot was vast. The riot was marked by prisoners: ·Tearing down and breaching security fences; ·Disguisi…
Director of Public Prosecutions v Oudin [2017] VCC 1393
Citation 16

…e. 6The prosecution submission analysed your specific actions with those of co-offender Luca. The Chief Judge of this court in the case of DPP v Luca [2016] VCC 1573 set out what Mr Luca did and the sentence that was imposed and also the legal principles in relation to dealing with the charge of riot. The prosecut…
DPP v Hope [2017] VCC 1315
Citation 17

…ct 1991 (Vic); Corrections Act 1986 (Vic); Corrections Regulations 2009 (Vic) Cases Cited: Stewart v Crowley (2002) 6 VR 479; DPP v De Luca [2016] VCC 1573; Director of Public Prosecutions v Terrick & Ors (2009) 24 VR 457 Sentence:Daniel Hope: 10 years’ imprisonment with a non-parole period of 7 years’ Rangi Pua:…
Director of Public Prosecutions v Dodd [2017] VCC 1256
Citation 18

…Cases Cited: DPP v Luca [2016] VCC 1573; R v Caird (1970) 54 CR App Rep 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; De Castres v The Queen [2011] VSCA 377; R v Renzella [1997] 2 VR; El-Waly v The Queen (2012) 46 VR 656; R v Karpinski (2011) 32 VR 85; R v Chimirri [2003] VSCA 45; R v Stevens […
Director of Public Prosecutions v Towns [2017] VCC 1148
Citation 19 (Para 3)

…9 million related to the repairs and maintenance of the MRC. In all 102 offenders have been charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10].…
Director of Public Prosecutions v Fabriek [2017] VCC 1145
Citation 20 (Para 4)

…y $6.89m related to the repairs and maintenance to the MRC. In all, 102 offenders have been charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10]. 4The net effect and scale of the riot was vast. The riot itself was marked by prisoners: ·Tearing down and breaching security fences; ·Disgu…
Director of Public Prosecutions v Heffer [2017] VCC 1147
Citation 21 (Para 4)

…y $6.89m related to the repairs and maintenance of the MRC. In all, 102 offenders have been charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10]. 4The net effect and scale of the riot was vast. The riot itself was marked by prisoners: ·Tearing down and breaching security fences; ·Disgu…
Director of Public Prosecutions v Phillips [2017] VCC 1277
Citation 22 (Para 4)

…imately $6.89m related to repairs and maintenance of the MRC. In all, 102 offenders have been charged in relation to the riot."[1] [1] DPP v Luca [2016] VCC 1573 at [4] – [10]. 4The net effect and scale of the riot was vast. The riot itself was marked by prisoners doing the following things: ·Tearing down and brea…
Director of Public Prosecutions v Boreham [2017] VCC 1092
Citation 23

…Cases Cited: DPP v Luca [2016] VCC 1573; DPP v Braithwaite [2017] VCC 960; R v Caird (1970) 54 Cr App Rep 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; De Castres v The Queen [2011] VSCA 377; DPP v Davis [2017] VCC 747; R v Mills [1998] 4 VR 235; R v Stevens [2009] VSCA 81; R v Renzella [1997]…
Director of Public Prosecutions v Mustafaa [2017] VCC 1091
Citation 24

…Cases Cited: DPP v Luca [2016] VCC 1573; R v Caird (1970) 54 Cr App Rep 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; De Castres v The Queen [2011] VSCA 377; R v Mills [1998] 4 VR 235; R v Renzella [1997] 2 VR 88; El-Waly v The Queen (2012) 46 VR 656; Postiglione v The Queen (1997) 145 ALR 408.…
Director of Public Prosecutions v Braithwaite [2017] VCC 960
Citation 25

…marks I made regarding the overview of the events that occurred on 30 June 2015, which are as follows. [1] Director of Public Prosecutions v Luca [2016] VCC 1573 (‘ Luca’). 4On 30 June 2015, 200 to 300 prisoners at the MRC were involved in the largest riot in Victoria’s correctional history. Evidence indicated the…
Director of Public Prosecutions v Cunanan [2017] VCC 310
Citation 26

…for the offence of riot.[1] I adopt the remarks His Honour made regarding the overview of the events that occurred on 30 June 2015. [1]Johnathon Luca [2016] VCC 1573…
Director of Public Prosecutions v Keft [2017] VCC 362
Citation 27

…Subject: Catchwords: Legislation Cited: Cases Cited: DPP v Luca [2016] VCC 1573 Sentence: 2 years and 9 months…
Director of Public Prosecutions v Martin [2017] VCC 256
Citation 28

…[1]Jonathon Luca [2016] VCC 1573…

Cases Cited

Statutory Material Cited

Azzopardi v R [2019] NSWCCA 306
Citation 1 (Para 44)

…sition of this sentence for your offending. [6] R v McCormack & Ors [1981] VR 104 at 110; Azzopardi v The Queen (2011) 35 VR 43 at [44] Prospects for rehabilitation 54Assessing your prospects of rehabilitation is also not easy. 55You are not a youthful person with an otherwise good character. You have not taken th…
El-Waly v The Queen [2012] VSCA 184
Citation 2

…v The Queen; Kent v The Queen [2011] VSCA 377; Caird (1970) 54 Cr.App.Rep. 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; El-Waly [2012] VSCA 184; Stevens [2009] VSCA 81; DPP v Hinton, Petersen & Hamment [2008]VSCA 34 Sentence: 2 years and 5 months imprisonment. ---…
De Castres v The Queen [2011] VSCA 377
Citation 3

…Cases Cited: R v McCormack & Ors [1981] VR 104; De Castres v The Queen; Kent v The Queen [2011] VSCA 377; Caird (1970) 54 Cr.App.Rep. 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; El-Waly [2012] VSCA 184; Stevens [2009] VSCA 81; DPP v Hinton, Petersen & Hamment [2008]VSCA 34 Sentence: 2 years a…
Azzopardi v The Queen [2011] VSCA 372
Citation 4

…prominence in the imposition of this sentence for your offending. [6] R v McCormack & Ors [1981] VR 104 at 110; Azzopardi v The Queen (2011) 35 VR 43 at [44] Prospects for rehabilitation 54Assessing your prospects of rehabilitation is also not easy. 55You are not a youthful person with an otherwise good character. You have not…
R v Stevens [2009] VSCA 81
Citation 5

…Queen [2011] VSCA 377; Caird (1970) 54 Cr.App.Rep. 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; El-Waly [2012] VSCA 184; Stevens [2009] VSCA 81; DPP v Hinton, Petersen & Hamment [2008]VSCA 34 Sentence: 2 years and 5 months imprisonment. ---…
R v Sari [2008] VSCA 137
Citation 6

…[1981] VR 104; De Castres v The Queen; Kent v The Queen [2011] VSCA 377; Caird (1970) 54 Cr.App.Rep. 499; R v McCormack & Ors [1981] VR 104; R v Sari [2008] VSCA 137; El-Waly [2012] VSCA 184; Stevens [2009] VSCA 81; DPP v Hinton, Petersen & Hamment [2008]VSCA 34 Sentence: 2 years and 5 months imprisonment. ---…

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