CITATION: R v Alex Cittadini [2009] NSWDC 179 HEARING DATE(S): 26/06/09
JUDGMENT DATE:
10 July 2009JURISDICTION: Criminal JUDGMENT OF: Norrish QC DCJ DECISION: Courts 1 & 2
Non parole period of 1 year 6 months to commence 10/07/09 and to expire on 09/01/2011. Balance of sentence of 1 year to expire on 09/01/2012.
Counts 3 & 4
Non parole period of 1 year to commence on 10/01/2010 and to expire on 09/01/2011. Balance of sentence of 1 year 6 months to expire on 09/07/2012. This sentence being partially accumulative upon the earlier sentence.CATCHWORDS: CRIMINAL LAW - Sentence - Manslaughter by criminal negligence - acts or omissions - totality - concurrency - accumulation - special circumstances - suspended sentence of imprisonment. LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CASES CITED: R v Forbes [2005] NSWCCA 377
R v Olbrich (1999) 199 CLR 270
R v Isaacs (1997) 90 A Crim R 587
R v Connolly [2002] 2 CR.App.R 509
R v Pearce (1998) 194 CLR 610
Veen (No 2) v The Queen (1988) 164 CLR 465
R v Todd (1982) 2 NSWLR 517
Edwards (NSWCCA, 12/12/1996, unreported)
Lawler v The Queen [2007} NSWCCA 85
R v Hall and Hanslo [1999] NSWSC 738
R v ANG [2001] NSWSC 758
R v Way [2004] NSWCCA 131
R v Janceski [2005] NSWCCA 288
R v XX [2009] NSWCCA 115
Cahyadi v R (2007) 168 A Crim R 41
Mill v The Queen (1998) 166 CLR 59
R v Yeoman [2003] NSWSC 194
H v HA [2004] NSWSC 1368PARTIES: Regina
Alex CittadiniFILE NUMBER(S): 2008/00001008 COUNSEL: Mr P Barrett - Crown
Mr S Odgers SC with Mr Priestly - OffenderSOLICITORS: Director of Public Prosecutions
Mitchell Lawyers - Offender
Remarks on Sentence
Introduction
1 Alex Cittadini, the prisoner, appears today for sentence in relation to four offences of manslaughter, each committed on 16 September 2002, when the yacht “Excalibur” sank at about 9 pm in darkness approximately 20 miles off Seal Rocks, north of Port Stephens, as a result of which four crew members died. The deceased were Christopher Heyes (aged 51 years), Ann Maree Pope (aged 30 years), Peter McLeod (aged 51 years) and Tracy Luke (aged 32 years). The offence of manslaughter carries a maximum penalty of 25 years imprisonment. The prisoner was found guilty by a jury on 2 April 2009 after a trial of approximately five weeks. A co accused, Adrian Presland, an employee of the prisoner, or his business, was acquitted of the same charges. The circumstances of his acquittal are reflected in a judgment delivered today on his application for a costs certificate pursuant to the Costs in Criminal Cases Act 1967.
2 The prosecution case against the prisoner was that he was guilty of manslaughter, by criminal negligence. As against the prisoner the Crown alleged that because the prisoner had contracted to construct Excalibur through a business known as ‘Applied Alloy Yachts’, which he controlled, he had a duty of care to the deceased persons.…
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- AGLC
- R v Alex Cittadini [2009] NSWDC 179
- Case
- [2009] NSWDC 179
- Decision Date
CaseChat Overview and Summary
The primary legal issues involved in the sentencing were the application of the totality principle, concurrency, accumulation, and special circumstances. The court had to consider whether the sentences for the different counts should run concurrently or consecutively, and if there were any special circumstances that warranted a particular sentence. The defendant's previous criminal history and the nature of the offences were also factors that the court had to weigh.
The court determined that the sentences for Counts 1 and 2 should have a non-parole period of 1 year 6 months, which was to commence on 10/07/09 and expire on 09/01/2011. The balance of the sentence for these counts was to expire on 09/01/2012. For Counts 3 and 4, the court imposed a non-parole period of 1 year, starting on 10/01/2010 and expiring on 09/01/2011. The balance of the sentence for these counts was to expire on 09/07/2012. The sentences for Counts 1 and 2 were to be partially accumulative upon the earlier sentence. This approach was considered appropriate given the totality of the circumstances and the need to ensure just punishment and deterrence.
The court ordered that the defendant serve a non-parole period of 1 year 6 months for Counts 1 and 2, and a non-parole period of 1 year for Counts 3 and 4, with the sentences running partially concurrently. The sentences were designed to reflect the seriousness of the offences while also considering the defendant's potential for rehabilitation.
Orders
Orders of the court
Courts 1 & 2 Non parole period of 1 year 6 months to commence 10/07/09 and to expire on 09/01/2011. Balance of sentence of 1 year to expire on 09/01/2012. Counts 3 & 4 Non parole period of 1 year to commence on 10/01/2010 and to expire on 09/01/2011. Balance of sentence of 1 year 6 months to expire on 09/07/2012. This sentence being partially accumulative upon the earlier sentence.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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