NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: FITZPATRICK, Sharon Lee v R [2010] NSWCCA 26
HEARING DATE(S): 12 February 2010
JUDGMENT DATE: 24 February 2010
JUDGMENT OF: McClellan CJatCL at 1; Howie J at 1; Harrison J at 7
DECISION: Leave to appeal refused.
CATCHWORDS: CRIMINAL LAW – appeal against sentence – supplying prohibited drug (methylamphetamine) – whether trial judge erred in not accepting as a matter of mitigation the circumstances of the applicant's drug addiction from a young age – whether trial judge erred in not adjusting the overall non-parole and parole period sufficiently for special circumstances after indicating there were special circumstances – no error found – leave to appeal refused.
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
Clarke v R [2009] NSWCCA 49 House v The King [1936] HCA 40; (1936) 55 CLR 499 R v Cramp [2004] NSWCCA 264 CASES CITED : R v El-Hayek [2004] NSWCCA 25; (2004) 144 A Crim R 90 R v P [2004] NSWCCA 218 R v Simpson [2001] NSWCCA 534; (2001) 53 NSWLR 704 R v Sutton [2004] NSWCCA 225 SS v R; JC v R [2009] NSWCCA 114
PARTIES: Sharon Lee Fitzpatrick (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/10090
COUNSEL: C T Loukas (Applicant) F A Veltro (Respondent)
SOLICITORS: S E O'Connor, Solicitor for Legal Aid New South Wales (Applicant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 08/11/1037; 07/61/0137
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