R v Quarta [2000] NSWCCA 406

R v Quarta [2000] NSWCCA 406

No error or manifest excess was demonstrated in the sentences imposed; the guideline judgments were properly applied, psychological or intellectual factors did not warrant further leniency, the discount for the guilty plea was adequate, and the concurrence and totality of the sentences appropriately reflected the applicant's criminality.

Parties
Respondent: Crown; Applicant: Justin Quarta
Jurisdiction
Australia
Judgment Date
04 October 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Accessory After the Fact, Robbery in Company, Aggravated Dangerous Driving Causing Grievous Bodily Harm, Guideline Judgments, Discount for Guilty Plea, Psychological and Subjective Circumstances
Criminal Law Sentencing Accessory After the Fact Robbery in Company Aggravated Dangerous Driving Causing Grievous Bodily Harm Guideline Judgments Discount for Guilty Plea Psychological and Subjective Circumstances

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Parties

Crown

Respondent

Justin Quarta

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed were manifestly excessive
  2. 2 Whether the sentencing judge failed to conform with guideline sentences
  3. 3 Whether adequate weight was given to subjective factors (mental age, psychological difficulties)

Ratio Decidendi

No error or manifest excess was demonstrated in the sentences imposed; the guideline judgments were properly applied, psychological or intellectual factors did not warrant further leniency, the discount for the guilty plea was adequate, and the concurrence and totality of the sentences appropriately reflected the applicant's criminality.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed