R v Quirk

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

JUDGMENT – EX TEMPORE REVISED

Introduction

1. In the early hours of 28 June 2022 there was a disturbing incident in southern Wollongong. There is a CCTV recording which reveals what occurred. Four people driven by Brendan Quirk, the offender, now before the Court, arrived at a residential unit. One, a woman, who knew the residents, went to the door and tried to get entry. As she moved away from the door Greg Merritt appeared and demanded the door be opened. He produced, what is accepted, was a shortened gun. He was unable to effect entry.

2. The driver of the vehicle and another person are seen lurking in the shadows. While the woman went to the door. They could not have been seen by the residents of the premises. At about the time Merritt makes his demands of them, who I accept was Quirk, is seen at to retreat towards the car.

3. A police investigation, assisted by the CCTV, led to all four’s arrest on 1 July 2022. Quirk remained in custody for effectively 9 months until bailed to Oolong House.

4. Quirk appears today for sentence. In the Local Court he indicated that he would plead guilty of use Offensive Weapon in Company with Intent to Commit an Indictable Offence: s 33B(2) Crimes Act 1900 (NSW). The maximum penalty for that offence is 15 years imprisonment. The otherwise appropriate sentence must be reduced by 25% to reflect the utilitarian value of that early guilty plea.

Objective seriousness

5. The offence was a very serious one. People are entitled to the security of their home. No one should be disturbed by armed persons at all. No one should be subject to intimidation and to have someone with a shortened firearm appear at your door, is a particularly intimidating thing.…