FITZPATRICK, Sharon Lee v R [2010] NSWCCA 26

FITZPATRICK, Sharon Lee v R [2010] NSWCCA 26

No sentencing error was demonstrated. The sentencing judge expressly referred to the applicant's early drug use and disadvantaged background, and the sentence did not show that those matters were ignored or that the result was unreasonable or plainly unjust. The judge also expressly found special circumstances and adjusted the parole structure; in light of the findings about the applicant's risk of reoffending and rehabilitation prospects, the non-parole period was not manifestly excessive and the adjustment was not shown to be inadequate. The overall sentence was lenient and no lesser sentence could have been warranted, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
24 February 2010
Procedural Posture
Criminal Appeal Against Sentence for Supplying Prohibited Drug and Ongoing Supply of Prohibited Drug / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal refused.
Legal Topics
['supply of Methylamphetamine' 'ongoing Supply for Financial Reward' 'drug Addiction as Mitigation' 'special Circumstances' 'non Parole Period' 'sentencing Discretion']
['criminal Law' 'sentencing' 'drug Offences'] ['supply of Methylamphetamine' 'ongoing Supply for Financial Reward' 'drug Addiction as Mitigation' 'special Circumstances' 'non Parole Period' 'sentencing Discretion']

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Procedural Posture

Criminal Appeal Against Sentence for Supplying Prohibited Drug and Ongoing Supply of Prohibited Drug / Application for Leave to Appeal to the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in not accepting, as mitigation, the circumstances of the applicant's drug addiction from a young age." 'Whether the sentencing judge erred in not adjusting the overall non-parole and parole period sufficiently for special circumstances after indicating that special circumstances existed.' 'Whether the sentence was unreasonable or plainly unjust, or affected by House v The King error.']

Ratio Decidendi

No sentencing error was demonstrated. The sentencing judge expressly referred to the applicant's early drug use and disadvantaged background, and the sentence did not show that those matters were ignored or that the result was unreasonable or plainly unjust. The judge also expressly found special circumstances and adjusted the parole structure; in light of the findings about the applicant's risk of reoffending and rehabilitation prospects, the non-parole period was not manifestly excessive and the adjustment was not shown to be inadequate. The overall sentence was lenient and no lesser sentence could have been warranted, so leave to appeal was refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']