Quarta v R [2023] NSWCCA 173

Quarta v R [2023] NSWCCA 173

The trial judge did not err in giving herself a s 165 warning and Murray direction, as additional warnings were not requested and statutory precondition was not met. The text messages were properly admitted as admissions and the verdict was reasonably open given corroborating evidence. The sentencing judge correctly...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 July 2023
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeal
Outcome
Appeal against conviction and sentence dismissed; leave to appeal granted on certain grounds
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'use Offensive Weapon With Intent' 'intimidation' 'admissibility of Evidence' 'sentencing Principles' 'hardship of Incarceration' 'manifest Excess']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'use Offensive Weapon With Intent' 'intimidation' 'admissibility of Evidence' 'sentencing Principles' 'hardship of Incarceration' 'manifest Excess']

Source-derived case record

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Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred by insufficiently directing herself pursuant to s 165 of the Evidence Act 1995 (NSW)' 'Whether the trial judge erred in admitting two text messages as admissions as to involvement in the shooting' 'Whether verdict was unreasonable' 'Whether sentencing judge failed to apply the principles in Bugmy v The Queen and R v Fernando' 'Whether sentencing judge failed to consider hardship of incarceration' 'Whether sentence was manifestly excessive']

Ratio Decidendi

The trial judge did not err in giving herself a s 165 warning and Murray direction, as additional warnings were not requested and statutory precondition was not met. The text messages were properly admitted as admissions and the verdict was reasonably open given corroborating evidence. The sentencing judge correctly applied Bugmy and Fernando principles, considered relevant aggravating and mitigating factors, and the aggregate sentence imposed was not manifestly excessive.

Court Disposition

Appeal against conviction and sentence dismissed; leave to appeal granted on certain grounds

Orders

  • ['Refuse leave to appeal on grounds 1 and 2 of the conviction appeal' 'Grant leave to appeal on ground 3 of the conviction appeal and dismiss the appeal' 'Grant leave to appeal against sentence and dismiss appeal']