NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Quirk [2023] NSWDC 394 Hearing dates: 4 August 2023 Date of orders: 4 August 2023 Decision date: 04 August 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to term of imprisonment of 11 months served subject to intensive correction in the community Catchwords: CRIME — Violent offences — offensive weapon — intimidation SENTENCING — Aggravating factors — In company — Planned or organised criminal activity SENTENCING — Mitigating factors — Plea of guilty SENTENCING — Penalties — Intensive correction orders—Community Safety— time served in custody taken into account— time served in rehabilitation facility taken into account SENTENCING — Relevant factors on sentence — Objective seriousness — Co-offenders — Parity — Quasi custody SENTENCING — Sentencing procedure — Instinctive synthesis SENTENCING — Subjective considerations on sentence — Drug addiction — Mental health — Special circumstances Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: R v Merritt [2023] NSWDC 29 Stanley v Director of Prosecutions (NSW) [2023] HCA 3 Category: Sentence Parties: Brendan Quirk (the offender) Director of Public Prosecutions (the Crown) Representation: Counsel: S Fraser (for the offender)
Solicitors: Morrisons Law (for the offender) L McGonigal for Public Prosecutions (NSW) (Crown) File Number(s): 2022/192851
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