ADF soldier Jack Fitzgibbon sentenced for drink driving charge in Young

The son of retired Federal Labor MP and Special Ops soldier used references from senior army personnel after he was caught drink driving following a New Year’s Eve festival.

A special operations soldier and son of former Hunter MP Jack Fitzgibbon, 32, was sentenced in Sutherland Local Court on Thursday after he blew a reading of 0.103 in the Young region. Picture: Ashleigh Tullis

A special operations soldier and son of a retired Federal MP has avoided conviction for driving under the influence of alcohol the day after on New Year’s Eve festival

Jack Fitzgibbon, 32, pleaded guilty and was sentenced in Sutherland Local Court on Thursday after he blew a reading of 0.103, more than two times the legal limit, in the Young region.

Agreed facts said Fitzgibbon, who lives in Cronulla, was at Wombat B & S ball on New Year’s Eve at NSW regional town Wombat where he drank 11 beers and spirits during the course of 12 hours before he went to bed.

Fitzgibbon’s lawyer Joshua Boorman said his client woke up the next morning at the campsite feeling “completely unaffected” and sober before he drove to get food.

He was pulled for a random breath test in Murrumburrah where he tested positive and later returned a blood alcohol reading of 0.103, and his licence was suspended.

Federal MP Joel Fitzgibbon with son Jack Fitzgibbon.

Fitzgibbon is the son of the former Labor Member for Hunter and former defence minister Joel Fitzgibbon, who retired for politics in April last year after more than 25 years in parliament.

In court, Mr Boorman said Fitzgibbon accepted his actions were “careless” but noted there was no reckless or an intentional decision to flout the law given he was arrested the day after drinking.

The court heard Fitzgibbon was a lance corporal in the Australian Defence Force and had been part of the special operations command, based at Holsworthy, for four years.

Mr Boorman said Fitzgibbon was worried about his career if he was convicted given he would have to disclose it to the army.

The court heard Fitzgibbon had previously been deployed to South East Asia.

Fitzgibbon completed the traffic offenders program and only had three traffic offences on his record in the 14 years he had his drivers licence.

The court heard he had spent more than four months off the road while suspended and had no criminal conviction after charges of sexually touching another person without consent and behaving in an offence manner related to a 2021 incident in a pub were withdrawn in Newcastle Local Court in February.

Magistrate Phillip Stewart took note of the “strong testimonials” written from people within the army including a member of Australia’s Federation Guard.

He accepted Fitzgibbon was a person of good character, did not have a “bad driving record” and was remorseful.

Mr Stewart said Fitzgibbon should be thanked for serving the country but that did not determine the outcome of the case.

Fitzgibbon was not convicted but was placed on a conditional release order where he must be of good behaviour for six months.