DPP v Chaouk [2019] VSC 381
1 judgment
DPP v Chaouk [2019] VSC 381
ChapterMurder – minimising danger of offender becoming so institutionalised by further imprisonment
Coram: Bell J
- The sentence should establish conditions which facilitate rehabilitation taking into account “the purpose of preventing recidivism and institutionalisation and facilitating a prisoner’s reintegration into the community”: at [18]; DPP(Vic) v Stone [2003] VSCA 208 at [20].
- In mitigation, the offender has spent so much of adult life in prison there is a danger of becoming so institutionalised by further imprisonment as to be unable to function in society upon release – the law should never give up on the prospects of someone avoiding institutionalisation, especially someone who out of self-respect wants to do so – however, this is only a consideration, and community protection is the most important one: at [18], [26].
Chapter: Impacts of Imprisonment and Remand in Custody (opens in a new tab)Case Summaries (opens in a new tab)See full case: 2019 VSC 381 (opens in a new tab)