Regina v Fitzpatrick [1999] NSWCCA 445

New South Wales Court of Criminal Appeal CITATION : Regina v Fitzpatrick [1999] NSWCCA 445 FILE NUMBER(S) : CCA 60327/98 HEARING DATE(S) : 28 May 1999 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) : LOWER COURT JUDICIAL OFFICER : Freeman DCJ

COUNSEL : Appellant in person P.G.Bergman SOLICITORS : N/A C.K. Smith CATCHWORDS : CASES CITED: The Queen v Buckley (unreported CCA 24 March 1997 DECISION : Leave refused

- 1 - IN THE COURT OF CRIMINAL APPEAL 060327/98

BARR J 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 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 on a 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.