Regina v Fitzpatrick [1999] NSWCCA 445

Regina v Fitzpatrick [1999] NSWCCA 445

The sentence imposed was within the sentencing judge's discretion given the seriousness of the offences and the applicant's record; no error in refusing to find special circumstances justifying variation of the sentence.

Parties
Prosecutor: Regina; Applicant: John Peter Fitzpatrick
Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal refused
Legal Topics
Larceny, Sentencing, Leave to Appeal, Special Circumstances
Criminal Law Larceny Sentencing Leave to Appeal Special Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

John Peter Fitzpatrick

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether special circumstances justified a variation of minimum and additional terms of sentence
  2. 2 Whether the sentencing judge erred in refusing to find special circumstances

Ratio Decidendi

The sentence imposed was within the sentencing judge's discretion given the seriousness of the offences and the applicant's record; no error in refusing to find special circumstances justifying variation of the sentence.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal against sentence refused