R v Daquinta
Case
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[2014] ACTSC 131
•24 April 2014
Details
AGLC
Case
Decision Date
R v Daquinta [2014] ACTSC 131
[2014] ACTSC 131
24 April 2014
CaseChat Overview and Summary
In the case of R v Daquinta, Daniel Daquinta was charged with trafficking in methylamphetamines over a period spanning from 5 March 2013 to 20 May 2013. The matter was heard in the Magistrates Court of the Australian Capital Territory. The central issue in the case was whether the evidence presented was sufficient to establish that Daquinta was involved in trafficking methylamphetamines during the specified period, and if so, what appropriate sentence should be imposed.
The court examined the evidence, which included intercepted communications and other corroborative material, to determine Daquinta's involvement in the drug trafficking activities. The court found that the evidence was sufficient to establish the charges beyond reasonable doubt. The sentencing process then involved considering the seriousness of the offence, Daquinta’s criminal history, and the need for deterrence and rehabilitation. After weighing these factors, the court decided on a sentence of thirty months’ imprisonment, with a specific arrangement for periodic detention to commence on 2 May 2014, and a subsequent suspension of the sentence on 24 October 2014, for a period of two years. Furthermore, Daquinta was mandated to comply with good behaviour obligations and probation conditions for a specified duration.
The court ordered that Daniel Daquinta be convicted of trafficking in methylamphetamines between the dates mentioned. He was to serve thirty months’ imprisonment, with the first period of periodic detention commencing on 2 May 2014, and the sentence suspended on 24 October 2014, for two years. Additionally, Daquinta was required to sign an undertaking to comply with good behaviour obligations for three years, and to be under the supervision of the Director-General for two years, or as deemed appropriate by the delegate.
The court examined the evidence, which included intercepted communications and other corroborative material, to determine Daquinta's involvement in the drug trafficking activities. The court found that the evidence was sufficient to establish the charges beyond reasonable doubt. The sentencing process then involved considering the seriousness of the offence, Daquinta’s criminal history, and the need for deterrence and rehabilitation. After weighing these factors, the court decided on a sentence of thirty months’ imprisonment, with a specific arrangement for periodic detention to commence on 2 May 2014, and a subsequent suspension of the sentence on 24 October 2014, for a period of two years. Furthermore, Daquinta was mandated to comply with good behaviour obligations and probation conditions for a specified duration.
The court ordered that Daniel Daquinta be convicted of trafficking in methylamphetamines between the dates mentioned. He was to serve thirty months’ imprisonment, with the first period of periodic detention commencing on 2 May 2014, and the sentence suspended on 24 October 2014, for two years. Additionally, Daquinta was required to sign an undertaking to comply with good behaviour obligations for three years, and to be under the supervision of the Director-General for two years, or as deemed appropriate by the delegate.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Criminal Liability
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Sentencing
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Periodic Detention
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Good Behaviour Obligations
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Probation Supervision
Actions
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Citations
R v Daquinta [2014] ACTSC 131
Most Recent Citation
R v Celeski (No 2) [2022] ACTSC 393
Cases Citing This Decision
6
R v Celeski (No 2)
[2022] ACTSC 393
R v Daquinta (No 2)
[2019] ACTSC 19
R v Di Bitonto
[2016] ACTSC 280
Cases Cited
4
Statutory Material Cited
2
Ibbs v the Queen
[1987] HCA 46
Ibbs v the Queen
[1987] HCA 46
Ibbs v the Queen
[1987] HCA 46