2020-12-21
City burglars who targeted elderly couple out at mass have sentences upheld
Stage: Appeal
Plea: Guilty
Outcome: Counsel submitted that the judge had found that because Fitzpatrick was in his 50s, he couldn't rehabilitate. "I submit that just because he's 53 does not mean he cannot rehabilitate," she said. "He's fit." Ms McCarthy said that too light of a discount had been given for mitigating factors in favour of Fitzpatrick and that this was compounded by the judge not suspending any portion of the sentence to incentivise rehabilitation.