Chol v R [2016] VSCA 252; (2016) 262 A Crim R 455
1 judgment
Chol v R [2016] VSCA 252; (2016) 262 A Crim R 455
ChapterIntentionally cause serious injury – moderation of deterrence and denunciation to reflect great hardship of formative years; at same time increasing importance of community protection.
Coram: Maxwell P, Redlich and Weinberg JJA
- Refugee. Parents and siblings killed in Sudan; refugee camp seven years; illiterate; alcohol and drug abuse: at [35]-[36].
- Disadvantaged background properly taken into account by sentencing judge: moderation of principles of deterrence and denunciation to reflect deprivation, disadvantage and very great hardship suffered during formative years: at [35]-[36].
- Background disadvantage as reducing moral culpability while at same time increasing importance of protecting community: at [35]-[36]; Bugmy v The Queen (2013) 249 CLR 571 at [44].
Chapter: Refugee Background (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2016 VSCA 252 (opens in a new tab)