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R v Fenwick

R v Fenwick

Case [2025] VSC 95

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AGLC: R v Fenwick [2025] VSC 95
Case: [2025] VSC 95
Decision Date: 11 March 2025

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Citations

R v Fenwick [2025] VSC 95

Most Recent Citation

JCS v Regina JMS v Regina Regina v JCS Regina v JMS [2006] NSWCCA 221

Cases Citing This Decision

JCS v Regina JMS v Regina Regina v JCS Regina v JMS [2006] NSWCCA 221
Citation 1 (Para 5)

…h the appellant, JMS’s plea was separately entered. It is well established that “indictments are to be read jointly and severally” (Street J in R v Fenwick (1953) 54 SR (NSW) 147). Where a single count on an indictment charges two or more persons with an offence it alleges “a separate offence committed on the same oc…
King v The Queen [1986] HCA 59
Citation 2

…10. Although the Crown, in reliance upon s.346 of the Crimes Act 1900 (N.S.W.), charged both King and Matthews jointly as principals in the commission of the crime of murder, it in fact proceeded against Matthews as the principal and King as an accessory before the fact. Even where two persons are t…
Mackay v The Queen [1977] HCA 22
Citation 3

…2. It may be a question whether a succession of rapes committed by a number of persons can be regarded as one rape committed jointly or is necessarily a number of independent rapes committed jointly or severally. In approving Reg. v. Fenwick (1953) 54 SR (NSW) 147 and in overruling Reg. v. Holley (1…

Cases Cited

Statutory Material Cited

Mohinder Bajwa Singh v The Queen [2022] VSCA 178
Citation 1 (Para 1)

…munity, Mr Fenwick, quite reasonably, will see himself as a marked man, and will continue to do so for life. [8]See, e.g ., Singh v The Queen [2022] VSCA 178 at [47]. As I have said before, it has often struck me as an incongruous turn of phrase, since history shows that many (but not all) who are moved to such wo…
MSA Renex Corp Pty Ltd v Create Environment Pty Ltd [2021] VSCA 178
Citation 2 (Para 1)

…se where an alleged principal offender has turned on his or her less culpable accomplice.[7] Rather, it is the converse. [7]Compare Singh v The Queen [2021] VSCA 178 at [58] ( per Emerton ACJ, Kyrou and T Forrest JJA).…
Mejia (a pseudonym) v The Queen [2020] VSCA 141
Citation 3 (Para 1)

…Equally, the discount must not frustrate the principle of adequate punishment for serious offending.[11] [10] Mejia (a pseudonym) v The Queen [2020] VSCA 141 at [1] ( per Maxwell P, Beach and Weinberg JJA). [11] Singh v The Queen [2022] VSCA 178 at [35] & [58].…
Levy v The Queen [2020] VSCA 44
Citation 4 (Para 1)

…n this respect, in their written submissions, Ms Munster and Mr McGlone referred to R v Guillerme [2023] VSC 36 ( per Croucher J); Levy v The Queen [2020] VSCA 44 ( per Priest and Hargrave JJA and Croucher AJA); R v O’Donnell [2016] VSC 390 ( per Emerton J). In his oral submissions, Mr McGlone also referred to R…
Vincec v The Queen [2018] VSCA 18
Citation 5 (Para 1)

…, Snapshot 199 (27 April 2017), Snapshot 244 (9 April 2019), Snapshot 249 (30 March 2021), and Snapshot 274 (29 June 2023). [21] Vincec v The Queen [2018] VSCA 18 at [58] ( per Weinberg JA). As for the approach to sentencing practices when they have altered between the time of the offence and today, see, e.g., St…
Thrussell (a pseudonym) v The Queen [2017] VSCA 386
Citation 6 (Para 1)

…v The Queen (2012) 46 VR 426 at 432[11]–433[12] & 440[52]–[54] ( per Neave JA, Osborn JA and King AJA); and Thrussell (a pseudonym) v The Queen [2017] VSCA 386 at [148]–[151] ( per Maxwell P, Santamaria JA and Beale AJA).…
Stalio v The Queen [2012] VSCA 120
Citation 7 (Para 1)

…rg JA). As for the approach to sentencing practices when they have altered between the time of the offence and today, see, e.g., Stalio v The Queen (2012) 46 VR 426 at 432[11]–433[12] & 440[52]–[54] ( per Neave JA, Osborn JA and King AJA); and Thrussell (a pseudonym) v The Queen [2017] VSCA 386 at [148]–[151] ( per…
R v Johnston [2008] QCA 291
Citation 8 (Para 1)

…in some form. See also R v Guillerme [2023] VSC 36 at [201]–‍[207]. [25]The same may be said of the process prescribed by s 6AAA. See also R v Johnston (2008) 186 A Crim R 345 at 349[16] ( per Nettle JA, with whom Buchanan JA and Ashley JA agreed) and the cases cited. [26]See, e.g., the approach of Nettle JA in R v Jo…
R v Verdins [2007] VSCA 102
Citation 9 (Para 1)

…e. This means that a prison sentence is likely to weigh more heavily on him than a person without his mental health vulnerabilities. [14] R v Verdins (2007) 16 VR 269 at 276[32](5) ( per Maxwell P, Buchanan and Vincent JJA).…
Osland v The Queen [1998] HCA 75
Citation 10 (Para 1)

…on law concept of joint criminal enterprise (a term sometimes used interchangeably with acting in concert) (see, e.g., Osland v The Queen (1998) 197 CLR 316 at 343 [73]–[74] ( per McHugh J)). [2]See Wilson v The Queen (1992) 174 CLR 313 at 325–334 ( per Mason CJ, Toohey, Gaudron and McHugh JJ).…
Wilson v The Queen [1992] HCA 31
Citation 11 (Para 1)

…with acting in concert) (see, e.g., Osland v The Queen (1998) 197 CLR 316 at 343 [73]–[74] ( per McHugh J)). [2]See Wilson v The Queen (1992) 174 CLR 313 at 325–334 ( per Mason CJ, Toohey, Gaudron and McHugh JJ).…
R v Price & Brown [2023] VSC 347
Citation 12 (Para 1)

…rave JJA and Croucher AJA); R v O’Donnell [2016] VSC 390 ( per Emerton J). In his oral submissions, Mr McGlone also referred to R v Price & Brown [2023] VSC 347 ( per Croucher J) as a more general comparator.…
R v Guillerme [2023] VSC 36
Citation 13 (Para 1)

…ase, since history shows that many (but not all) who are moved to such words, thoughts or related actions are kind to pets (see R v Guillerme [2023] VSC 36 at [153], fn 11).…
R v O'Donnell [2016] VSC 390
Citation 14 (Para 1)

…to R v Guillerme [2023] VSC 36 ( per Croucher J); Levy v The Queen [2020] VSCA 44 ( per Priest and Hargrave JJA and Croucher AJA); R v O’Donnell [2016] VSC 390 ( per Emerton J). In his oral submissions, Mr McGlone also referred to R v Price & Brown [2023] VSC 347 ( per Croucher J) as a more general comparator.…

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