R-v-Fitzpatrick [1999] NSWCCA 158

New South Wales Court of Criminal Appeal CITATION : R-v-Fitzpatrick [1999] NSWCCA 158 FILE NUMBER(S) : CCA 060327/98 HEARING DATE(S) : 28/05/99 JUDGMENT DATE : 28 May 1999

PARTIES : Regina-v-John Peter Fitzpatrick JUDGMENT OF : Barr J at 12; McInerney AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/31/0054 LOWER COURT JUDICIAL OFFICER : Freeman DCJ

COUNSEL : Mr. Berman for the Crown The Applicant was in person. SOLICITORS : Mr. CK Smith for the Crown The Appellant was in person. CATCHWORDS : CASES CITED: The Queen -v-Buckley DECISION : Leave to appeal refused.

IN THE COURT OF CRIMINAL APPEAL

060327/98

BARR

McINERNEY AJ

FRIDAY 28 MAY 1999

REGINA v JOHN PETER FITZPATRICK

JUDGMENT

1 McINERNEY AJ: In this matter the applicant John Peter Fitzpatrick seeks leave to appeal against a sentence imposed on him by Freeman DCJ in respect to the larceny of a motor vehicle when he was sentenced to a penal servitude for two years with a minimum term of eighteen months to commence on 15 June 1998 and an additional terms of six months. In addition his Honour was asked to take into account form 1, another offence in relation to a motor vehicle. He pleaded guilty to these offences. 2 The facts are, shortly, that at the time he had recently travelled to Newcastle from Sydney and residing with a mate at a suburb when on 9 September 1997 he went to the Charlestown Square where he went to a Holden Torana sedan, opened the door using a key he had with him, started the vehicle and drove off. Thereafter in the next few days he travelled to Sydney where he removed the compliance plate and exchanged it with another compliance plate from a vehicle that he owned. He then removed the registration plates from the stolen vehicle and exchanged them for registration plates which belonged to his vehicle in Sydney. He later returned to Newcastle and has driven the vehicle for his own use. He told the police he intended to keep this vehicle for himself as it now displayed registration plates and compliance plates that were not reported stolen. 3 On 15/12/97 he went to Layman Street, Cooks Hill, went to a Holden Kingswood sedan, opened the locked door and drove the vehicle away using a spare key. He continued to use this car and on Wednesday 17 December 1997 the offender allowed a friend, known as Jamie, to drive the Kingswood sedan to a friend's address at Wallsend. When both the stolen Torana and the Kingswood arrived at the house the offender removed the centre console from the Kingswood and put it in the Torana.