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Hudson v The Queen
[2020] ACTCA 46
Citation 1
…Court of Appeal examined the earlier and arguably less restrictive iteration of these statutory provisions. [6] [2020] VSCA 140. [7] [2010] VSCA 332; 30 VR 610. 31In Farmer , the Court of Appeal made clear or reaffirmed that a combination of factors can come together to bring satisfaction of the criteria. 32…
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Brown v The Queen
[2020] VSCA 212
Citation 2
…Disorder and a major depressive disorder, with symptoms such as constant guilt about what had occurred and that you survived and Ms Lok did not. [15] [2020] VSCA 212. You expressed that you wished it was you not her that died. There is no doubt your remorse is beyond the common run of the mill type of remorse. It…
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Farmer v The Queen
[2020] VSCA 140
Citation 3
…decision of the DPP v Hudson [7] the Court of Appeal examined the earlier and arguably less restrictive iteration of these statutory provisions. [6] [2020] VSCA 140. [7] [2010] VSCA 332; 30 VR 610. 31In Farmer , the Court of Appeal made clear or reaffirmed that a combination of factors can come together to bring…
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Pan v The Queen
[2020] VSCA 42
Citation 4
…ssessing the moral culpability of a driver who does not obey the road sign causing a collision, which in turn causes death and/or serious injury. [1] [2020] VSCA 42. 23The Court of Appeal in Pan concluded that poor road design is a factor to be seen as outside an accused driver's control, similar to such things a…
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Bell v The Queen
[2018] VSCA 281
Citation 5
…Court judges, who have imposed non-custodial sentences in multi fatality country road collisions, such as in Nicholson , [3] and in Calf .[4] [2] [2018] VSCA 281. [3] [2017] VCC 1950. [4] [2020] VCC 353. 27However, in your case, I must apply the Sentencing Act 1991 (Vic) provisions relating to Category 2 offences.…
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DPP v Borg
[2016] VSCA 53
Citation 6
…on, agreeing that the criteria in the Act were satisfied. Here, I refer to the dangerous driving causing death sentencing case of DPP v Borg .[8] [8] [2016] VSCA 53; 258 A Crim R 172. 33It seems to me that this issue of low moral culpability is an important if not a very important matter with respect to the Categ…
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Hudson v The Queen
[2010] VSCA 332
Citation 7
…v Hudson [7] the Court of Appeal examined the earlier and arguably less restrictive iteration of these statutory provisions. [6] [2020] VSCA 140. [7] [2010] VSCA 332; 30 VR 610. 31In Farmer , the Court of Appeal made clear or reaffirmed that a combination of factors can come together to bring satisfaction of the c…
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Director of Public Prosecutions v Calf
[2020] VCC 353
Citation 8
…al sentences in multi fatality country road collisions, such as in Nicholson , [3] and in Calf .[4] [2] [2018] VSCA 281. [3] [2017] VCC 1950. [4] [2020] VCC 353. 27However, in your case, I must apply the Sentencing Act 1991 (Vic) provisions relating to Category 2 offences. Those provisions relevant read as follow…
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Director of Public Prosecutions v Patterson
[2020] VCC 111
Citation 9
…ers. You were not like a local who knew the intersection and did not take the necessary care as was the case in the County Court decisions of [9] [2020] VCC 111. [10] [2017] VCC 1950. [11] [2020] VCC 353. [12] [2020] VCC (Mullaly J, 17 July 2020). DPP v Patterson ,[9] DPP v Nicholson ,[10] and DPP v Calf ,[11] bu…
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Director of Public Prosecutions v Nicholson
[2017] VCC 1950
Citation 10
…e imposed non-custodial sentences in multi fatality country road collisions, such as in Nicholson , [3] and in Calf .[4] [2] [2018] VSCA 281. [3] [2017] VCC 1950. [4] [2020] VCC 353. 27However, in your case, I must apply the Sentencing Act 1991 (Vic) provisions relating to Category 2 offences. Those provisions rel…