Daniel Clinton Fitzgerald v The Queen - SC 67/2020

Media releases

Summary

Criminal Appeal

Result

A The application for leave to appeal is granted in part (Fitzgerald v R [2020] NZCA 292).
B The approved question is whether the Court of Appeal was correct to find that s 106 of the Sentencing Act 2002 does not apply to Mr Fitzgerald.
C The application for leave to appeal is otherwise dismissed.
D The application to amend the applicant’s notice of application for leave to appeal is dismissed.
3 November 2020
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A The appeal against conviction is dismissed.
B The appeal against sentence is allowed. The proceeding is remitted to the High Court for re-sentencing.
7 October 202

Date of Hearing

23 February 2021

Judges

Winkelmann CJ, William Young, Glazebrook, O'Regan and Williams JJ

Hearing Transcripts

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