Nisan v R [2017] NSWCCA 265

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nisan v R [2017] NSWCCA 265 Hearing dates: 3 November 2017 Date of orders: 16 November 2017 Decision date: 16 November 2017 Before: Hoeben CJ at CL at [1] Schmidt J at [2] Campbell J at [133] Decision: (1) Leave to appeal be granted; (2) The conviction appeal be upheld; (3) The convictions be quashed; and (4) The appellant should be released forthwith Catchwords: CRIMINAL LAW – appeal against conviction and sentence – truck collision at intersection – whether collision the result of dangerous driving – brake failure – whether sentence was manifestly excessive – whether appellant was wrongly convicted – admission of expert evidence based on assumptions – whether reasons given were inadequate – unsafe, unsatisfactory or unreasonable verdict – leave to appeal granted – conviction appeal upheld – convictions quashed – appellant released forthwith Legislation Cited: Criminal Procedure Act 1986 (NSW) Road Rules 2008 (NSW) Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 House v The King (1936) 55 CLR 499; [1936] HCA 40 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Libke v The Queen (2007) 230 CLR 559; [2007] HCA 30 R v Banhelyi [2012] QCA 357 R v Nisan (District Court (NSW), Payne DCJ, 27 April 2017, unrep) R v Nisan (District Court (NSW), Payne DCJ, 16 October 2017, unrep) R v Nisan (District Court (NSW), Payne DCJ, 21 November 2016, unrep) Category: Principal judgment Parties: Sarmad Shamon Nisan (Appellant) Regina (Crown) Representation: Counsel: Mr J Glissan QC with Mr A Moutasallem (Appellant) Ms M Cinque SC (Crown)