Clarke (a pseudonym) v The Queen
[2022] VSCA 89
Citation 1
…ining where any case sits on that wide spectrum is ‘difficult’.[3] [2]The same came be said of offences of sexual assault. [3] Clarke v The Queen [2022] VSCA 89, [28] (‘ Clarke ’). 36The violation involved in such offending is physical, emotional, and psychological. In this case, the offending had and will contin…
Jurj v The Queen
[2016] VSCA 57
Citation 2
(Para 58)
…and (d) The offending was not committed together with,[6] or in the presence of,[7] other persons.[8] [4] Frank at [58](j); Jurj v The Queen [2016] VSCA 57, [80] (‘ Jurj ’). [5]Ibid. Compare with DPP v Dat [2020] VCC 344 (‘ Dat ’). [6]Compare with Frank , [41], [43], [51](d). [7]Compare with Dat , [13], [28] (wh…
R v Rebecca Krutsky
[2013] ACTSC 278
Citation 3
(Para 11)
…any witnesses to give evidence again at a more lengthy trial.[9] [9] Phillips v The Queen [2012] VSCA 140; Cameron v The Queen (2002) 209 CLR 339 at [11] and [65]–[66]. 43There is a real human saving in cases of this kind, where victims are not required to relive their abuse, especially for the second time before a…
Phillips v The Queen
[2012] VSCA 140
Citation 4
…ceedings and by avoiding the need for any witnesses to give evidence again at a more lengthy trial.[9] [9] Phillips v The Queen [2012] VSCA 140; Cameron v The Queen (2002) 209 CLR 339 at [11] and [65]–[66]. 43There is a real human saving in cases of this kind, where victims are not required to relive their abuse,…
Hogan v Hinch
[2011] HCA 4
Citation 5
…achieved, is likely to be the most durable guarantor of community protection and is clearly in the public interest’.[12] [11](2011) 243 CLR 506. [12]Ibid [32]. 57I have also finally had regard to the Court of Appeal case of Boulton which amongst many other things considered whether a Community Correction Order would…
Cameron v the Queen
[2002] HCA 6
Citation 6
…voiding the need for any witnesses to give evidence again at a more lengthy trial.[9] [9] Phillips v The Queen [2012] VSCA 140; Cameron v The Queen (2002) 209 CLR 339 at [11] and [65]–[66]. 43There is a real human saving in cases of this kind, where victims are not required to relive their abuse, especially for the second ti…
DPP v Dat
[2020] VCC 344
Citation 7
…presence of,[7] other persons.[8] [4] Frank at [58](j); Jurj v The Queen [2016] VSCA 57, [80] (‘ Jurj ’). [5]Ibid. Compare with DPP v Dat [2020] VCC 344 (‘ Dat ’). [6]Compare with Frank , [41], [43], [51](d). [7]Compare with Dat , [13], [28] (where offender committed violent rape against his wife in the presence…