I referred to DPP v Pham & Ors [2010] VSCA 181 in a post about honour crime a couple of weeks ago.In that case co-offenders were sentenced for a home invasion where a man was badly injured. They claimed in mitigation their belief (since accepted as mistaken) that the victim had raped the sister of …
Tag: victims
Honour crimes
Honour crimes are (at least in this post) offences that are motivated, in whole or in part, by the offender's recognised community values.Crimes perpetrated by migrants tend to gain the most media attention, but there's many types of honour crime. Other examples include initiation and punishment rites of bikie gangs, traditional indigenous practices like ritual …
Smith v The Queen [2010] VSCA 192; the impact of forgiveness on sentence
Smith v The Queen [2010] VSCA 192 reaffirmed that a victim's forgiveness can be a relevant consideration in sentencing, but should be treated cautiously.Evidence of forgiveness by the victim may indicate that the consequences of the offence on the victim have not been long-term or debilitating, thereby affording some mitigation: R v Skura [2004] VSCA …
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The contents of Victim Impact Statements
Edit: Events in the Supreme Court last week show that there will be stumbles during attempts to involve victims in the sentencing process. Perhaps some of the flexibility recommended by the Court of Appeal in Hester's case might have helped.Last Friday's post about cutting-and-pasting interviews got me thinking about Victim Impact Statements, another document tendered …
Prohibited persons and section 189 applications
To own a gun or be able to use one in the state of Victoria you need a licence (or be the holder of a relevant exemption). Under the Firearms Act 1996 you can't get a licence or legally acquire a firearm if you are a prohibited person. Lots of situations can make a person …
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