R v Middendorp

[2010] VSC 147

Supreme Court of Victoria28 February 2010

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Judges

Byrne J

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Citation[2010] VSC 147

CourtVSC

JurisdictionVic

Decision Date28 February 2010

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Judgment

Judges

Byrne J

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage.

R v Middendorp at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

R v Middendorp at [37]

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