Daniel Clinton Fitzgerald v The Queen - SC 67/2020
Media releases
Summary
Result
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
Related Documents
High Court decision — THE QUEEN v DANIEL CLINTON FITZGERALD [2018] NZHC 1015 [10 May 2018]
Court of Appeal decision — FITZGERALD v R [2020] NZCA 292 [15 July 2020]
Leave judgment - leave granted — DANIEL CLINTON FITZGERALD v THE QUEEN [2020] NZSC 119 [3 November 2020] (PDF 178 KB)
Substantive judgment — DANIEL CLINTON FITZGERALD v R [2021] NZSC 131 [7 October 2021] (PDF 921 KB)