Pitts v R [2014] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pitts v R [2014] NSWCCA 244 Hearing dates: 29 October 2014 Decision date: 29 October 2014 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Davies J at [41] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - manslaughter - excessive self-defence - no real threat of violence - degree to which response was unreasonable was quite extreme - sentence not unreasonable or plainly unjust Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Blacklidge (Court of Criminal Appeal (NSW), 12 December 1995, unrep) R v Hoerler [2004] NSWCCA 184; 147 A Crim R 520 R v Isaacs (1997) 41 NSWLR 374 R v Loveridge [2014] NSWCCA 120 The Queen v Lavender [2005] HCA 37; 222 CLR 67 Category: Principal judgment Parties: Craig Charles Pitts (Applicant) Regina (Respondent) Representation: Counsel: Mr T Gartelmann (Applicant) Ms N Adams SC with Ms S Palaniappan (Crown) Solicitors: Greg Willis Criminal Defence Lawyer Solicitor for Public Prosecutions File Number(s): 2011/249365 Decision under appeal Citation: [2013] NSWSC 518 Date of Decision: 2013-05-09 00:00:00 Before: Adamson J File Number(s): 2011/249365