R v Vito di Marco & Anor

R v Vito di Marco & Anor

The sentencing judge was entitled to assess harm as falling between categories 1 and 2, to consider both physical and psychological consequences, and to find Mr Di Marco more dangerous than his co-accused. The life sentence for Mr Di Marco and the extended determinate sentence for Mr Hattersley were justified based on the facts, planning, and risk posed. There was no error in the sentences imposed.

Parties
Applicant: Vito Di Marco; Applicant: Darren Hattersley; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
11 October 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, Appeal Against Sentence
Criminal Law Attempted Murder Sentencing Dangerous Offenders Appeal Against Sentence

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Parties

Vito Di Marco

Applicant

Darren Hattersley

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in the assessment of harm and dangerousness
  2. 2 Whether the sentences imposed were manifestly excessive
  3. 3 Whether a life sentence was justified for Mr Di Marco

Ratio Decidendi

The sentencing judge was entitled to assess harm as falling between categories 1 and 2, to consider both physical and psychological consequences, and to find Mr Di Marco more dangerous than his co-accused. The life sentence for Mr Di Marco and the extended determinate sentence for Mr Hattersley were justified based on the facts, planning, and risk posed. There was no error in the sentences imposed.

Court Disposition

applications for leave to appeal against sentence refused