Anthony Pulitano v R; Alessandro Pulitano v R [2016] NSWDC 207

District Court New South Wales

Medium Neutral Citation: Anthony Pulitano v R; Alessandro Pulitano v R [2016] NSWDC 207 Hearing dates: 30 August 2016 Decision date: 09 September 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Appeals Upheld Catchwords: Assault police officer in execution of his duty Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Law Enforcement (Power and Responsibilities) Act 2002 Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Charara v R [2006] NSWCCA 244 Coleman v Power (2004) 220 CLR 1 DPP v Carr (2002) 127 ACrimR 151 Michaels v R (1995) 184 CLR 117 Proudman v Dayman (1941) 67 CLR 536 R v Donohue (1988) 34 A Crim R 397 R v Katarzynski [2002] NSWSC 613 R v Murray (1987) 11 NSWLR 12 R v Reynhoudt (1962) 107 CLR 381 Semaan v Poidevin [2013] NSWSC 226 Category: Principal judgment Parties: Anthony Pulitano (Appellant) Alessandro Pulitano (Appellant) Director of Public Prosecutions (Crown) Representation: Counsel: P Godkin (Appellants)

Solicitors: M Harper (Crown Solicitor) File Number(s): 15/15414; 15/14314 Publication restriction: Nil

Judgment on APPEAL

Introduction 1. These two All Grounds Appeals were heard together. They arise out of the same incident. Each appellant appeals from their conviction on 13 November 2015, following a hearing in the Local Court at Sydney on a charge pursuant to s 60(1) of the Crimes Act 1900 of assault police officer in the execution of his duty. 2. The maximum penalty in respect of the Local Court's jurisdiction for the offence was a term of imprisonment of 2 years and/or a fine of $5,500.00. In the District Court, the maximum penalty is a term of imprisonment of 5 years. 3. The appellant, Anthony Pulitano, is the father of the appellant, Alessandro Pulitano. For ease of reference, and with due respect to each appellant, they are referred to below as Mr Pulitano snr and Mr Pulitano jnr.