R v Quirk [2023] NSWDC 394

R v Quirk [2023] NSWDC 394

Although the offence was very serious and ordinarily warranted full-time imprisonment, Quirk was less culpable than Merritt, pleaded guilty early, had already spent substantial time in custody and four months in a quasi-custodial rehabilitation program, and his youth, mental health and drug rehabilitation needs meant that community safety and rehabilitation were best served by an 11 month term of imprisonment to be served by intensive correction in the community.

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Sentenced to term of imprisonment of 11 months served subject to intensive correction in the community.
Legal Topics
['use Offensive Weapon in Company With Intent to Commit an Indictable Offence' 'intimidation' 'aggravating Factors' 'plea of Guilty' 'intensive Correction Order' 'parity' 'quasi Custody' 'drug Addiction' 'mental Health' 'special Circumstances']
['criminal Law' 'sentencing'] ['use Offensive Weapon in Company With Intent to Commit an Indictable Offence' 'intimidation' 'aggravating Factors' 'plea of Guilty' 'intensive Correction Order' 'parity' 'quasi Custody' 'drug Addiction' 'mental Health' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for use Offensive Weapon in Company with Intent to Commit an Indictable Offence contrary to s 33B(2) Crimes Act 1900 (NSW).' "How to account for the offender's role by comparison with co-offender Merritt and the principles of parity." 'Whether time spent in custody and in the Oolong House residential rehabilitation program should affect the sentence.' 'Whether an intensive correction order was appropriate having regard to community safety, youth, mental health, drug rehabilitation and risk of reoffending.']

Ratio Decidendi

Although the offence was very serious and ordinarily warranted full-time imprisonment, Quirk was less culpable than Merritt, pleaded guilty early, had already spent substantial time in custody and four months in a quasi-custodial rehabilitation program, and his youth, mental health and drug rehabilitation needs meant that community safety and rehabilitation were best served by an 11 month term of imprisonment to be served by intensive correction in the community.

Court Disposition

Sentenced to term of imprisonment of 11 months served subject to intensive correction in the community.

Orders

  • ['Brendan Quirk is sentenced to a term of imprisonment of 11 months.' 'That sentence is to be served subject to intensive correction in the community.' 'The standard conditions apply.' 'The offender is to be of good behaviour, report to Community Corrections and accept their supervision.' 'Additional condition:...