Csd.njca.com.au
Physical Condition • Commonwealth Sentencing Database
WEBThe content on this page was last reviewed on 10 October 2020. Related Links:Hardship to the OffenderMental ConditionAge 1. Overview Section 16A(2)(m) requires a court to take into account various factors personal to the offender including their physical condition: Section 16A(2) In addition to any other matters, the court must take into …
Actived: Just Now
Offender’s Family and Dependants • Commonwealth Sentencing …
WEBThe content on this page was last reviewed on 13 December 2022. 1. Overview. A court sentencing a federal offender must take into account, where relevant and known, the probable effect that any sentence or order under consideration would have on any of the person’s family or dependants: Crimes Act 1914 (Cth) s 16A(2)(p). In Totaan v The …
Deterrence • Commonwealth Sentencing Database
WEBThe content on this page was last reviewed on 3 July 2019. Recent cases alert DPP v Mardirian [2019] VCC 1551 — general deterrence very important to maintain integrity of bankruptcy law without which there would be serious public disadvantage of various economic, commercial and social kinds — sentence must send signal to those under …
Failure to Comply with Order or Obligation
WEBThe content on this page was last reviewed on 24 April 2018. 1. Overview. Section 16A(2)(fa) provides that a court must take into account the extent to which a person has failed to comply with certain orders or obligations relating to disclosure. Section 16A (2) In addition to any other matters, the court must take into account such of the following …
R v Dib [2020] NSWDC 145 • Commonwealth Sentencing Database
WEBsentence — conspiring with others to import commercial quantity of border-controlled drug offence contrary to sections 11.5(1) and 307.1(1) of the Commonwealth Criminal Code — offence relates to 594.43kg of pure MDMA — guilty plea — plea of guilty at first opportunity, with reduction in sentence by 25% appropriate to reflect utilitarian value of the
DPP (Cth) v Kannan & Anor [2021] VSC 439
WEBThe offenders were sentenced following trial of 1 count of intentionally possessing a slave contrary to s 270.3(1) of the Commonwealth Criminal Code and 1 count of intentionally exercising over a slave any of the powers attaching to the right of ownership, namely use, contrary to s 270.3(1) of the Commonwealth Criminal Code. Nature
R v Warwick [2020] NSWDC 31
WEBsentence — 5 counts of making available, transmitting or accessing child abuse material offences contrary to s 474.19(1) of the Commonwealth Criminal Code, 1 count of committing at least three of the offences under s 474.19 to at least two persons offences contrary to s 474.24A(1) of the Commonwealth Criminal Code — additional state offence
DPP v McMillian [2020] VCC 1227 • Commonwealth Sentencing …
WEBsentence — 2 counts of using carriage service to procure person believed to be under age of 16 years with intention of engaging in sexual activity — additional state drug offence — nature and circumstances — s 16A(2)(a) — offender communicated with two different people who they believed were underage girls knowing that this was
R v Khan (No 11) [2019] NSWSC 594
WEBsentence — engaging in a terrorist act offence contrary to s 101.1(1) of Commonwealth Criminal Code — offender repeatedly stabbed victim with hunting knife, resulting in physical injury — victim of the offence — s 16A(2)(ea) — victim impact statements — whether ‘victim of the offence’ includes witnesses to stabbing attack — distinguished from R
Nixon v Commissioner of Police [2018] QDC 188
WEBappeal against sentence — two counts of using carriage service to make threat to cause serious harm offences contrary to s 474.15 of Commonwealth Criminal Code — original sentence imposed recording of conviction and fine of $1000 — antecedents — s 16A(2)(m) — sentencing judge did not err in focusing on nature of charges rather
DPP v Marshman [2021] VCC 749
WEBThe offender was sentenced following a plea of guilty to 1 count of using a carriage service to transmit indecent communications to a person believed to be under 16 years of age contrary to s 474.27A(1) of the Commonwealth Criminal Code. Nature and Circumstances: Offending only occurred over a two-day period. Offender was determined
Lazarus v The King [2023] NSWCCA 214 • Commonwealth …
WEBSee full judgment: Austlii. The offender was sentenced following pleas of guilty to 4 counts of using a carriage service to transmit indecent communication to a person under 16 years of age contrary to s 474.27A(1) of the Commonwealth Criminal Code, 1 count of possessing or controlling child abuse material obtained or accessed using a carriage service …
Taumoepeau v The Queen; Siaki v The Queen [2020] NSWCCA 200
WEBappeal against sentence — attempting to possess a commercial quantity of an unlawfully imported border controlled drug offence contrary to s 307.5(1) and s 11.1(1) of the Commonwealth Criminal Code — offences relate to 47.597kg of pure cocaine — original sentence imposed 12 years’ and 6 months imprisonment with a 7 year and 6 month
Khan v The Queen [2022] NSWCCA 47 • Commonwealth …
WEBThe offender was sentenced following a conviction of 1 count of engaging in a terrorist act contrary to s 101.1(1) of the Commonwealth Criminal Code. Original sentence imposed 36 years imprisonment with a non-parole period of 27 years. Offender appealed on the grounds that the sentencing judge erred in failing to take into account the
CDPP v Radford [2023] VCC 1907 • Commonwealth Sentencing …
WEBSee full judgment: Austlii. The offender was sentenced following pleas of guilty to 1 count of using a carriage service to solicit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of using a carriage service to transmit child abuse material contrary to s 474.22(1) of the Commonwealth Criminal Code, 1 count of using a …
CDPP v Balagar [2021] VCC 427 • Commonwealth Sentencing …
WEBThe offender was sentenced following a plea of guilty for 1 count of attempting to possess a marketable quantity of an unlawfully imported border controlled drug, namely opium, contrary to ss 11.1(1) and 307.1(1) of the Commonwealth Criminal Code. Offence related to 10.83kg of of pure opium. Nature and Circumstances: Estimated street value of
Chan v R [2023] NSWCCA 206 • Commonwealth Sentencing …
WEBSee full judgment: Austlii. The offender was sentenced following pleas of guilty to 3 counts of making false claims on the Pharmaceutical Benefits Scheme for prescriptions that were not dispensed contrary to s 103(5)(g) of the National Health Act 1953 (Cth). Original sentence imposed 2 years of imprisonment with offender to be released on recognizance
R v EQ [2021] QCA 257
WEBThe offender was sentenced following a plea of guilty to making a statement that they knew to be false to the effect that there has been, is or will be a plan, proposal, attempt, conspiracy or threat contrary to s 28 of the Crimes (Aviation) Act 1991 (Cth). Original sentence imposed 6 years imprisonment. The
Black v The Queen [2022] VSCA 125
WEBThe offender was sentenced following pleas of guilty to 1 count of dishonestly obtaining a financial advantage by deception from a Commonwealth entity contrary to s 134.2(1) of the Commonwealth Criminal Code and 1 count of dishonestly causing a loss to a Commonwealth entity contrary to s 135.1(1) of the Commonwealth Criminal Code. …
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