CNK v The Queen [2011] VSCA 228: General deterrence plays no part in sentencing children

Back in May I blogged about Kaye J's decision in DPP v Hills & Ors (Ruling No 11) [2011] VSC 88. He decided [at 5],Thus, there is no decision of appellate authority, in Victoria, which supports the proposition now advanced [on behalf of the child]. On the contrary, in my view, there are a number …

Continue reading CNK v The Queen [2011] VSCA 228: General deterrence plays no part in sentencing children

ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle

We discussed Clarkson v The Queen [2011] VSCA 157 in this post last month. A bench of five justices decided that a lack of forcible coercion of the child victim of sexual offending might be a mitigating circumstance. This would only be in the rare case where it could be shown that the 'consent' (as …

Continue reading ADA v Bruce & Anor [2011] VSC 338: the De Simoni principle