NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Cittadini v R [2010] NSWCCA 291
JUDGMENT DATE: 9 December 2010
JUDGMENT OF: McClellan CJatCL at 1; Fullerton J at 2; Schmidt J at 46
DECISION: Certificate for costs granted.
CATCHWORDS: CRIMINAL LAW - costs - application dealt with on the papers - conviction appeal upheld - whether it was reasonable for prosecution to institute proceedings
Costs in Criminal Cases Act 1967 LEGISLATION CITED: Criminal Appeal Act 1912 Director of Public Prosecutions Act 1986
Allerton v Director of Public Prosecutions (1991) 24 NSWLR 550 Chahal v Director of Public Prosecutions [2008] NSWCA 152 Cittadini v R; R v Cittadini [2009] NSWCCA 302 CASES CITED : Mordaunt v Director of Public Prosecutions & Anor [2007] NSWCA 121; 171 A Crim R 510 R v Manley [2000] NSWCCA 196; 49 NSWLR 203 R v C [2009] NSWCCA 81 R v Cittadini [2008] NSWCCA 256
PARTIES: Alexander Cittadini (App) The Crown
FILE NUMBER(S): CCA 2008/1008012
COUNSEL: S Odgers SC/D Priestly (App) D Arnott SC (Crown)
SOLICITORS: Mitchell Lawyers (App) Director of Public Prosecutions (Crown)
IN THE COURT OF CRIMINAL APPEAL CCA 2008/1008
McCLELLAN CJ at CL FULLERTON J SCHMIDT J
9 DECEMBER 2010 CITTADINI v R JUDGMENT 1 McCLELLAN CJ at CL: I agree with Fullerton J. 2 FULLERTON J: On 18 December 2009 this Court quashed the applicant's convictions on each of four counts of manslaughter by criminal negligence and directed verdicts of acquittal (see Cittadini v R; R v Cittadini [2009] NSWCCA 302). A co-accused, Mr Adrian Presland, was acquitted by the jury. 3 The charges concerned the deaths by drowning of members of the crew of the yacht "Excalibur" in September 2002 when its keel broke at sea causing it to capsize. It was common ground that the keel failed because it had been cut horizontally through its entire width and then welded together during the course of its manufacture at the premises of Applied Contract Engineering Pty Ltd in Victoria. The applicant is the Managing Director of that corporation.
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