Patrick Cronin’s coward punch killer Andrew Lee loses appeal
The remorseless thug who killed Patrick Cronin has lost his second bid to appeal his jail term, complaining the five year minimum is excessive.
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The remorseless thug who killed Patrick Cronin has lost his second bid to appeal his jail term, complaining the five year minimum is excessive.
After already losing an appeal against his sentence Andrew William Lee sought leave to appeal that decision to a full bench of the Court of Appeal.
But the court today refused him leave, taking just minutes to reach their decision.
Lee was jailed for a maximum eight-year term for killing Patrick, 19, during a pub brawl in 2016.
PAT CRONIN FOUNDATION LAUNCHED
LEE JAILED FOR MAXIMUM EIGHT YEARS
He pleaded guilty to manslaughter only after prosecutors agreed not to pursue a minimum mandatory 10 year term under new laws introduced in 2014 to curb a spate of coward-punch attacks.
The laws have not yet been used.
Patrick’s parents Matt and Robin, sister Emma, and more than a dozen supporters attended today’s hearing.
“To have this decision made today vindicates Justice Lasry’s (original) sentence, poor as it may be, at least it hasn’t been reduced. That’s the best we could hope for for today,” Mr Cronin said.
Lee now has one final avenue for appeal, and can seek leave to appeal to the High Court.
It is a move prosecutors suggest is unlikely.
“Never say never with this guy,” Mr Cronin said.
“It’s a free kick, so, why wouldn’t you appeal when you’ve got no risk,” he said.
“If you’ve got money to pay for an appeal, just keep going. I’m just frustrated by the fact we had to have a hearing today.
“What was today all about?
“For us it was just a waste of everyone’s time to be perfectly honest,” he said.
Lee’s lawyer, Dr Theo Alexander, called for a “touch of clemency” for his client, arguing more serious manslaughter cases had attracted similar sentences.
He compared the case to that of Richard Vincec, who received an identical sentence after pleading guilty to fatally striking Jaiden Walker, 22, last year.
Dr Alexander said that case was an example of more serious offending because Vincec was on a community corrections order and left Mr Walker for dead.
“He has everything going for him, it was a terrible mistake, of course one has to pay for one’s mistakes, he’s accepted that,” Dr Alexander said.
“The nature of this offender is otherwise blemish free … other than the stupidity of throwing a punch,” he said.
Dr Alexander abandoned two principal grounds of his appeal just minutes into the 40 minute hearing following challenges from the court.
He said there was never a finding that Lee had intended to hit Patrick.
But Justice Phillip Priest refused to accept the submission saying “he threw three punches … he must have been intending to hit someone.”
“At the time Mr Cronin was not acting aggressively, (and) was not involved in the fight that was happening around him.
“When you put those circumstances together, the objective gravity of the offending is quite serious,” he said.
The court will publish its reasons for refusing Lee leave to appeal later this week.