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R v Momcilovic

The Victorian Court of Appeal has declared in a sentencing case that the (VIC) Drugs, Poisons and Controlled Substances Act 1981 cannot be interpreted consistently with the presumption of innocence under the (VIC) Charter of Human Rights and Responsibilities...

Published Fri, Mar 19 2010 1:12 AM by Latest Cases

Filed under: criminal law, interpretation, sentencing, statutes, civil and political rights, human rights, intent

R v Colless

The Queensland Court of Appeal has reduced a 25-year sentence imposed for sexual offences against 11 women over three years. The court found adequate allowance had not been made for mitigating factors and the sentences for rape were manifestly excessive...

Published Thu, Feb 25 2010 10:32 PM by Latest Cases

Filed under: criminal law, sentencing

R v Morgan

The Victorian Court of Appeal has provided a detailed examination of the procedures involved in the Koori Court. It was held that active participation in Koori Court procedures to further personal reformation constitute a mitigating factor in the sentencing...

Published Wed, Feb 24 2010 11:50 PM by Latest Cases

Filed under: criminal law, sentencing

R (Commonwealth) v Elomar

The New South Wales Supreme Court has imposed sentences for terrorism offences following a 10-month trial. Sentences between 23 and 28 years were imposed on five men for conspiring to do acts in preparation for terrorist acts. The offenders had conspired...

Published Sun, Feb 21 2010 11:55 PM by Latest Cases

Filed under: criminal law, sentencing

R v Pfitzner

A Sydney woman who pleaded guilty to murdering her two-year-old child and stuffing his body in a suitcase has been sentenced to 25 years 2 months' imprisonment, with a non-parole period of 19 years 2 months. [2009] NSWSC 1267 - 09 Dec 2009 - Supreme...

Published Sun, Dec 13 2009 9:48 PM by Latest Cases

Filed under: criminal law, sentencing

Rhatigan v Forbes

The Supreme Court of Western Australia has allowed an appeal against a sentence of one year two months' imprisonment for 23 offences of unlawfully accessing a computer, one offence of fraud and one offence of creating a false belief. The offender...

Published Wed, Dec 9 2009 8:46 PM by Latest Cases

Filed under: criminal law, sentencing

R v Rich

The Supreme Court of Victoria has sentenced a Melbourne man to life imprisonment for the murder of an unresisting security guard during an armed robbery. The court found no prospects for rehabilitation and stated that the offender would be content to...

Published Tue, Nov 17 2009 9:22 PM by Latest Cases

Filed under: criminal law, sentencing

Director of Public Prosecutions (DPP) (Cth) v Kam Tin Ho

The Supreme Court of Victoria has imposed sentences 6 years' imprisonment on Kam Tin Ho and Sarisa Leech, who were both found guilty of slavery offences under the (CTH) Criminal Code Act 1995. [2009] VSC 495 - 04 November 2009 - Supreme Court of Victoria...

Published Wed, Nov 4 2009 8:59 PM by Latest Cases

Filed under: criminal law, sentencing

R v Mulahalilovic

The New South Wales Supreme Court has released its reasons for sentencing Mirsad Mulahalilovic to a term of imprisonment of 4 years and 8 months, with a non-parole period of 3 years and 6 months, after he pleaded guilty to the charge of possessing a thing...

Published Thu, Oct 22 2009 12:11 AM by Latest Cases

Filed under: criminal law, sentencing, terrorism

R v Maddox

The Supreme Court of Victoria has sentenced a Shepparton man to 16 years' imprisonment for murdering and subsequently dismembering an intellectually disabled man. The offender was found to have been significantly provoked by the deceased's false...

Published Wed, Oct 14 2009 12:34 AM by Latest Cases

Filed under: criminal law, sentencing

R v Khazaal

The offender was sentenced to 12 years' imprisonment after being convicted of making a document connected with assistance in a terrorist act pursuant to the (CTH) Criminal Code s 101.5(1). The offender had compiled a book in Arabic entitled "Provisions...

Published Thu, Oct 1 2009 1:39 AM by Latest Cases

Filed under: criminal law, sentencing, terrorism

R v Riseley; Ex parte Attorney-General (Qld)

The Queensland Court of Appeal has reduced the non-parole period of a 21-year-old man who unlawfully killed a 19-day-old baby. In setting aside the serious violent offender declaration made by the sentencing judge, Justice Keane noted that the circumstances...

Published Fri, Sep 25 2009 1:29 AM by Latest Cases

Filed under: criminal law, sentencing

R v Wei Tang

The appellant's sentence was reduced as each sentence for possession of a slave contained a portion to punish the appellant for having used a slave resulting in double punishment. The seriousness of the offending was correctly assessed as mid-range...

Published Mon, Aug 24 2009 12:51 AM by Latest Cases

Filed under: criminal law, sentencing

SKA v R; R v SKA

An appellate court should not view video evidence but should proceed on the basis of the transcript of the video evidence alone. This would prevent the creation of an imbalance by exposure to visual images and oral recordings of one witness and not others...

Published Mon, Jul 20 2009 12:32 AM by Latest Cases

Filed under: criminal law, evidence, sentencing, witnesses, verdicts

R v Ironside

The SACCA affirmed the appellant's sentence for manslaughter. The court held the (SA) Criminal Law (Sentencing) Act 1988 (Act) s 32A(2)(a) required the court to consider whether any objective or subjective factors required a non-parole period longer...

Published Mon, Jun 8 2009 11:59 PM by Latest Cases

Filed under: criminal law, sentencing

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R v Momcilovic

R v Colless

R v Morgan

R (Commonwealth) v Elomar

R v Pfitzner

Rhatigan v Forbes

R v Rich

Director of Public Prosecutions (DPP) (Cth) v Kam Tin Ho

R v Mulahalilovic

R v Maddox

R v Khazaal

R v Riseley; Ex parte Attorney-General (Qld)

R v Wei Tang

SKA v R; R v SKA

R v Ironside