Fitzgerald v R (No. 2) [2018] NSWCCA 179

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fitzgerald v R (No. 2) [2018] NSWCCA 179 Hearing dates: On the papers Date of orders: 20 August 2018 Decision date: 20 August 2018 Before: Hoeben CJ at CL, Price & Davies JJ at [1] Decision: Vary the orders made on 6 August 2018 so that they read:

(1) Leave to appeal granted.

(2) Appeal dismissed.

(3) Time not to count except for 79 days.

(4) The sentence will now expire on 16 April 2020 and the non-parole period will expire on 16 May 2019. Catchwords: SENTENCING – slip rule – applicant bailed after sentence imposed by sentencing judge – incorrect calculation of expiry date by Court after dismissing appeal – sentence corrected Legislation Cited: Criminal Appeal Rules 1952 (NSW) Cases Cited: Nil Category: Procedural and other rulings Parties: Karina Lorraine Fitzgerald (Applicant) Crown (Respondent) Representation: Counsel: P Lange, C Parkin & E Olivier (Applicant) F Veltro (Respondent)

Solicitors: B Wrench (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2016/96320 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: Nil Date of Decision: 19 April 2017 Before: Delaney ADCJ File Number(s): 2016/96320