| 0 | Eagles v Densley [2012] VSC 355 | | Eagles v Densley [2012] VSC 355 | | COURTS AND JUDGES – Procedural fairness – Summary prosecution – Appeal to County Court – Knowingly possessing child pornography – Images contained on plaintiff’s DVD – DVD an exhibit – Contents of DVD not displayed in open court – County Court Judge viewing DVD in private chambers after hearing – Judge relying on way DVD was “configured” to convict plaintiff – Interpretation of Judge’s reasons – Whether Judge acted as investigator or prosecutor or created new evidence or denied plaintiff fair opportunity to be heard – No unfairness – Proceeding dismissed | https://jade.io/article/270396 |
| 1 | Koeleman v Nolan (2012) 220 A Crim R 563 | | Koeleman v Nolan [2012] VSC 128 | | CRIMINAL LAW — Sentencing — Restitution order — Vehicle stolen but not recovered – Restitution order made requiring offender to transfer his own motor vehicle – Goods that directly or indirectly represent the stolen goods – Appeal allowed and order set aside – Sentencing Act 1991 s 84(1)(b) | https://jade.io/article/263198 |
| 3 | AB v The Queen (2013) 37 VR 88 | | AB v The Queen [2013] VSCA 8 | | Practice and procedure — Suppression order — County Court — Sentencing remarks — Jointly-tried accused — Mitigation — Judge receiving material concerning co-accused’s co-operation with authorities — Limited non-publication order by trial judge — Access by other co-accused to transcript — Proper process not followed —Access obtained contrary to non-publication order —Application to be made in court on notice to other side—Ex parte communication with trial judge’s associate — Communication between party and the court must include all relevant parties — County Court Act 1958 (No 6230) s 80(1). | https://jade.io/article/289860 |
| 4 | Edwards v The Queen [2013] VSCA 188 | | Edwards v The Queen [2013] VSCA 188 | | RIMINAL LAW – Leave to appeal against sentence – Use carriage service to transmit indecent communication to a person believed to be under 16 – Using carriage service to access child pornography – Use carriage service to make available child pornography – Possess child pornography – Total effective sentence of 17 months’ imprisonment – Non-parole period of five months purportedly fixed – Applicant to be released after serving five months’ imprisonment on a recognisance release order in the sum of $1,000 on the condition that he be of good behaviour for a period of three years – Not open to fix a non-parole period in respect of a sentence of less than 12 months’ imprisonment – Verdins principles – Sentence manifestly excessive – Serious sexual offender status – Leave granted – Appeal allowed – Total effective sentence of nine months’ imprisonment imposed – Applicant to be released on a recognisance release order in the sum of $500 on the condition that he be of good behaviour for a period of 12 months. | https://jade.io/article/299464 |
| 5 | Ahmet v Jardine [2014] VSCA 52 | | Ahmet v Jardine [2014] VSCA 52 | | PRACTICE AND PROCEDURE – Application for leave to appeal from order appointing litigation guardian – Supreme Court (General Civil Procedure) Rules 2005, Order 15 – Principles relating to appointment of litigation guardian – Whether substantial injustice if leave refused – whether sufficient doubt as to correctness to warrant leave
PRACTICE AND PROCEDURE – Application to admit fresh evidence on appeal from interlocutory application – When fresh evidence will be admitted – Right to cross-examine in interlocutory applications | https://jade.io/article/318405 |
| 6 | Ahmet v Chief Commissioner of Police [2014] VSCA 265 | | Ahmet v Chief Commissioner of Police [2014] VSCA 265 | | PRACTICE AND PROCEDURE – Subpoena – Claim for public interest immunity – Production and inspection objected to – Balancing of claim for public interest immunity against the public interest in the administration of justice – Whether judge below erred in failing to inspect the documents | https://jade.io/article/349890 |
| 7 | Ryan v State of Victoria [2014] VSCA 340 | | Ryan v State of Victoria [2014] VSCA 340 | | EVIDENCE – Public interest immunity – Matters of state – Evidence Act 2008 ss 130, 131A.
APPEAL – Application for leave to appeal – Sufficient doubt to justify the grant of leave to appeal | https://jade.io/article/362955 |
| 8 | McGrath v The Queen [2015] VSCA 176 | | McGrath v The Queen [2015] VSCA 176 | | CRIMINAL LAW – Appeal – Sentence – Cultivate commercial quantity of cannabis (8.5 CQ)
– Sentence 2 years and 6 months – Whether manifestly excessive – Whether judge erred in
failing to consider community correction order (CCO) – Principle of parsimony – Sentence
imposed before publication of CCO guideline judgment in Boulton v The Queen [2014] VSCA
342 – Whether judge failed to apply correct principles – No error – Sentence within range –
Leave to appeal refused – Sentencing Act 1991 s 5(3), 5(4), 5(4C), pt 3A. | https://jade.io/article/398851 |
| 9 | Gianello v The Queen [2015] VSCA 205 | | Gianello v The Queen [2015] VSCA 205 | | Criminal Law – Sentence – Appeal – 'White collar' offender – Multiple counts of dishonestly obtaining a financial advantage by deception – Parity – Whether principles of parity infringed – Whether judge erred in rejecting community correction order as an appropriate sentencing option – Serious offending – Community correction order not appropriate – Principles of parity not infringed – Appeal dismissed | https://jade.io/article/402752 |
| 10 | Singh v The Queen (2016) 260 A Crim R 216; (2016) 310 FLR 348 | | Singh v The Queen [2016] VSCA 163 | | (Written case by Nick Papas QC.)
Dishonesty Offences — Money laundering — Fault elements — Dealing with money valued at $100,000 or more — No fault element as to amount involved — Criminal Code (Cth), ss 400.9, 400.10
Dishonesty Offences — Money laundering — Receiving money reasonably suspected of being proceeds of crime — Whether reasonable suspicion must be contemporaneous with receiving — Whether evidence of subsequent third party transaction admissible — Interpretation of timing of reasonable belief of value of dealing — Meaning of ‘at or before the time of dealing’ — Whether partial defence — Criminal Code (Cth), ss 400.9, 400.10 | https://jade.io/article/484246 |
| 11 | Huggard v Murray (2016) 312 FLR 104 | | Huggard v Murray [2016] ACTSC 246 | | Evidence — Admission — Admissibility of — Where s 23V of the Crimes Act 1914 (Cth) provides specifically that admission not admissible unless tape-recorded, whereas s 138 of the Evidence Act 2011 (ACT) allows improperly obtained evidence to be admitted if sufficient probative value — Former section applies exclusively to circumstances it encompasses — Crimes Act 1914 (Cth), s 23V — Evidence Act 2011 (ACT), s 138 | https://jade.io/article/489465 |
| 12 | Blyss v Magistrates' Court of Victoria (2016) 261 A Crim R 518 | | Blyss v Magistrates' Court of Victoria [2016] VSC 548 | | Sentence — Sexual offences — Sex offender registration order — Requirements for sex offender registration order — Wilful and obscene exposure — Consideration of merits — Sex Offenders Registration Act 2004 (Vic), ss 11, 34(4). | https://jade.io/article/524979 |
| 13 | Burgess v The Queen [2017] VSCA 59 | | Burgess v The Queen [2017] VSCA 59 | | CRIMINAL LAW – SENTENCING – 83 year old applicant pleaded guilty to 10 charges of historical sexual offending – Applicant sentenced to 8 years’ and 6 months’ imprisonment with non-parole period of 6 years and 6 months’ imprisonment – Australian Bureau of Statistics data on life expectancy – Sentence not manifestly excessive – Application for leave refused | https://jade.io/article/524979 |
| 14 | DPP v Batikas [2018] VSC 61 | | DPP v Batikas [2018] VSC 61 | | CRIMINAL LAW – Attempted Murder – Accused stabbed parents repeatedly – Consent mental impairment hearing before judge alone – Verdict recorded of not guilty because of mental impairment – Accused declared liable to supervision – Matter adjourned so that further report and certificate of available services might be obtained – Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. | https://jade.io/article/571445 |
| 15 | Joseph v Worthington (2018) 272 A Crim R 292 | | Joseph v Worthington [2018] VSCA 102 | | Procedure — Statute of limitation — Non-payment of long service leave — Time limits within which to lay charge — Whether a continuing offence — Long Service Leave Act 1992 (Vic), s 72(2) — Criminal Procedure Act 2009 (Vic), s 7. | https://jade.io/article/581852 |
| 16 | Robinson v State of Victoria [2018] VSC 470 | | Robinson v State of Victoria [2018] VSC 470 | | PRACTICE AND PROCEDURE – Discovery – Whether redacted documents subject to public interest immunity – Whether release of documents would be injurious to public interest – Whether plaintiff should have access in the interest of fair administration of justice – Whether public interest outweighs desirability of documents being released – Police training, tactics, and equipment – Inspection of documents pursuant to Evidence Act 2008 (Vic) - State of Victoria v Brazel [2008] VSCA 37 - Ryan v State of Victoria [2015] VSCA 353 – Plaintiff granted access to document | https://jade.io/article/600203 |
| 17 | DPP v Riak [2018] VCC 1439 | | DPP v Riak [2018] VCC 1439 | | Sentence – Pleas of guilty – Conspiracy to dishonestly cause a loss to the Commonwealth – Childcare claims | https://jade.io/article/609958 |
| 18 | DPP v EB Ocean Pty Ltd [2019] VCC 2072 | | DPP v EB Ocean Pty Ltd [2019] VCC 2072 | | Plea of guilty – one charge of hindering compliance with the Biosecurity Act 2015 (Cth) – one charge of failing to carry out biosecurity activities in accordance with an approved arrangement – no prior criminal history – serious and deliberate offending – general deterrence – extra curial punishment. | https://jade.io/article/706526 |
| 19 | Omerdic v Angland [2018] VSCA 320 | | Omerdic v Angland [2018] VSCA 320 | | APPEALS – Applicant convicted in Magistrates’ Court of one charge of solemnising a marriage where there was reason to believe that there was a legal impediment to the marriage – Conviction upheld on appeal to the Trial Division – Video recording of part of ceremony – Whether open to infer that ceremony completed – Whether evidence of form of ceremony sufficient for the purpose of a valid marriage – Whether open to infer that applicant intended to solemnise a marriage rather than conduct ‘Nikah’ or religious blessing – Relevance of non-compliance with formal requirements of the Marriage Act – Adequacy of reasons for decision – Marriage Act 1961 (Cth) ss 5A, 11, 42, 45, s 48(2)(a), 50, 100 – Criminal Code Act 1995 (Cth) s 5.2(1) – Criminal Procedure Act 2009 (Vic) s 272 – Application for leave to appeal refused | https://jade.io/article/622924 |
| 20 | Johns v The Queen (2020) 92 MVR 160 | | Johns v The Queen [2020] VSCA 135 | | CRIMINAL LAW – Appeal – Conviction – Application for leave to appeal against conviction – Convicted for recklessly cause serious injury in circumstances of gross violence – Crimes Act 1958 s 15B – Whether verdict unsafe and unsatisfactory – Head on collision between applicant’s car and victim’s truck – Whether it was open to jury to find that applicant foresaw probable risk of serious injury to victim given marked disparity between size and weight of vehicles – Application for leave to appeal refused.
CRIMINAL LAW – Appeal – Sentence – Application for leave to appeal against sentence – Judge applied wrong test under Sentencing Act 1991 s 10A(2)(e) when considering whether ‘special reasons’ existed to justify imposing non-parole period of less than four years – Whether error constituted ‘error in the sentence’ for purpose of Sentencing Act 1991 s 281(a) – Whether error was ‘material’ and vitiated sentencing discretion – Kentwell v The Queen (2014) 252 CLR 601 considered – Whether inadequate order for concurrency – Whether sentence manifestly excessive – Application for leave to appeal granted – Appeal dismissed. | https://jade.io/article/736939 |