Pfitzner v R [2010] NSWCCA 314

New South Wales Court of Criminal Appeal

CITATION: Pfitzner v R [2010] NSWCCA 314

HEARING DATE(S): 3 December 2010

JUDGMENT DATE: 16 December 2010

JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 47; Price J at 48

DECISION: Appeal dismissed.

CATCHWORDS: CRIMINAL LAW - whether the sentencing judge erred in finding that the offender did not accept responsibility for her criminality and did not acknowledge the loss she caused - implications of evaluating offender's remorse absent the giving of oral evidence in court - whether the sentence imposed was manifestly excessive

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999

CATEGORY: Principal judgment

Butters v R (2010) NSWCCA 1 R v DN [2007] NSWSC 1252 CASES CITED : R v FAP [2007] NSWSC 905 R v Jalaty [2006] NSWSC 675 R v PJS (2009) NSWSC 153 R v Thomas (2007) NSWCCA 269

PARTIES: Rachel Pfitzner (applicant) The Crown

FILE NUMBER(S): CCA 2008/17087

COUNSEL: J Stratton SC (applicant) D Arnott SC (Crown)

SOLICITORS: Legal Aid of New South Wales (applicant) Director of Public Prosecutions (Crown)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 2008/17087

LOWER COURT JUDICIAL OFFICER: R A Hulme J

LOWER COURT DATE OF DECISION: 9 December 2009

IN THE COURT OF CRIMINAL APPEAL 2008/17087

McCLELLAN CJ at CL HISLOP J PRICE J

THURSDAY 16 DECEMBER 2010 PFITZNER, Rachel v R JUDGMENT 1 McCLELLAN CJ at CL: The applicant pleaded guilty to the murder of her son. The child was aged 2 years 8 months when he died. The applicant was sentenced to a term of 25 years and 6 months imprisonment with a non-parole period of 19 years and 2 months. She seeks leave to appeal her sentence. 2 The maximum sentence for murder is life imprisonment. The standard non-parole period when the victim is a child under 18 years of age is 25 years.