NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Pisciuneri; Pisciuneri v R [2007] NSWCCA 265
HEARING DATE(S): 3 July 2007
JUDGMENT DATE: 5 September 2007
JUDGMENT OF: Spigelman CJ at 1; Hislop J at 2; Harrison J at 81
DECISION: The appeal against conviction is dismissed. The appeal against sentence is dismissed.
CATCHWORDS: CRIMINAL LAW - driving in manner dangerous - appeal against conviction - jury verdict not unreasonable - no failure by jury to give proper consideration to the evidence - Crown appeal against sentence - no material error of fact finding by sentencing judge - appellate discretion.
Crimes Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act Roads Transport (General) Act
Cheung v The Queen (2001) 209 CLR 1 M v The Queen (1994) 181 CLR 487 Markarian v The Queen (2005) 215 ALR 213 R v Davies [2000] NSWCCA 84 CASES CITED: R v Isaacs (1997) 41 NSWLR 474 R v Jurisic (1998) 45 NSWLR 209 R v Martin (1981) 2 NSWLR 640 R v Wall [2002] NSWCCA 42 R v Whyte (2002) 55 NSWLR 252
PARTIES: Regina v Natale Domenico Pisciuneri Natale Domenico Pisciuneri v Regina
FILE NUMBER(S): CCA 2007/3321 (formerly 2007/714) ; 2007/3235 (formerly 2007/829)
COUNSEL: D. Woodburne (Crown/Respondent) A.J. Bellanto QC (Respondent/Applicant)
SOLICITORS: Solicitor for Public Prosecutions (Crown/Respondent) William S. Whitby Solicitors (Respondent/Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/3228
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