VICVSC
R v Curzon [2001] VSC 140
[2001] VSC 140
Supreme Court of Victoria|2001-04-30|Before: Bongiorno J
View original sourceAt a glance
Source factsCourt
Supreme Court of Victoria
Decision date
2001-04-30
Before
Bongiorno J
Source
Original judgment source is linked above.
Judgment (15 paragraphs)
[1]
Criminal law - Sentencing - Sentencing after retrial - Consideration of first trial judge's sentence - Relevance - Sentencing discretion.
[2]
- Tracey Jane Curzon, you have been convicted by a jury of murder. It is now my function to sentence you in accordance with the law. In carrying out this function in this particular case, I am required to give effect to all the principles of sentencing notwithstanding that you have already been sentenced in fact by another judge on a prior occasion.
[3]
- The Court of Criminal Appeal of this State in R v. Chen [1993] VicRp 64; adopted the reasoning of the Court of Criminal Appeal of Western Australia in a case called , to the effect that the function of a sentencing judge in sentencing for a second time (after a retrial) is to exercise his own judgment and his own discretion in accordance with principle but that in doing so he may have regard to that which the earlier sentencing judge in fact did.