R-v-Fitzpatrick [1999] NSWCCA 158

R-v-Fitzpatrick [1999] NSWCCA 158

Leave was refused because the rehabilitation matters relied upon by the applicant were before the sentencing judge, The Queen v Buckley was distinguishable, the offences were serious, and the sentence was well within the range of the sentencing judge's discretionary judgment.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Leave to appeal refused.
Legal Topics
['larceny of a Motor Vehicle' 'special Circumstances' 'rehabilitation' 'leave to Appeal Against Sentence']
['criminal Law' 'sentencing'] ['larceny of a Motor Vehicle' 'special Circumstances' 'rehabilitation' 'leave to Appeal Against Sentence']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against the sentence imposed for larceny of a motor vehicle.' 'Whether special circumstances justified reducing the minimum term and increasing the additional term to assist rehabilitation.']

Ratio Decidendi

Leave was refused because the rehabilitation matters relied upon by the applicant were before the sentencing judge, The Queen v Buckley was distinguishable, the offences were serious, and the sentence was well within the range of the sentencing judge's discretionary judgment.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']