Di Marco & Anor, R. v [2024] EWCA Crim 19 (16 January 2024)

Di Marco & Anor, R. v [2024] EWCA Crim 19 (16 January 2024)

The sentencing judge was entitled to assess harm as falling between categories 1 and 2, to consider both physical and psychological harm, and to find both applicants dangerous offenders. The sentences imposed, including life imprisonment for Mr Di Marco and an extended determinate sentence for Mr Hattersley, were...

Source-derived case information.

Citation
[2024] EWCA Crim 19
Parties
Prosecution: Rex; Applicant: Vito Di Marco; Applicant: Darren Hattersley
Jurisdiction
England and Wales
Judgment Date
16 January 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
applications for leave to appeal against sentence refused
Legal Topics
Attempted Murder, Sentencing, Dangerous Offenders, Extended Determinate Sentence, Life Imprisonment
Criminal Law Attempted Murder Sentencing Dangerous Offenders Extended Determinate Sentence Life Imprisonment

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Parties

Rex

Prosecution

Vito Di Marco

Applicant

Darren Hattersley

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in assessing the level of harm to the victim
  2. 2 Whether the applicants were correctly classified as dangerous offenders
  3. 3 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The sentencing judge was entitled to assess harm as falling between categories 1 and 2, to consider both physical and psychological harm, and to find both applicants dangerous offenders. The sentences imposed, including life imprisonment for Mr Di Marco and an extended determinate sentence for Mr Hattersley, were justified and not manifestly excessive.

Court Disposition

applications for leave to appeal against sentence refused

Orders

  • renewed applications for leave to appeal against sentence refused
  • extension of time for Mr Hattersley granted