Piscitelli v R [2013] NSWCCA 8
None of the grounds of appeal were established; the sentences imposed individually and in totality were not manifestly excessive or infected by identified error; the judge's factual findings were reasonably open and the sentence structure appropriately reflected the criminality and subjective features.
- Parties
- Applicant: Tony Piscitelli; Respondent: Regina
- Jurisdiction
- Australia
- Judgment Date
- 04 February 2013
- Procedural Posture
- Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
- Outcome
- Leave to appeal granted; appeal dismissed
- Legal Topics
- Sentence Appeal, Aggravated Sexual Assault, Break and Enter, Manifest Excess, Objective Seriousness, Rehabilitation Prospects, Totality, Standard Non Parole Period
Case Brief
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Parties
Tony Piscitelli
Applicant
Regina
Respondent
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Judgment on Appeal
Legal Issues
- 1 Whether the sentencing judge erred in giving weight to applicant's contrition
- 2 Whether the sentencing judge erred in his treatment of the applicant's criminal history
- 3 Whether the judge erred in finding intention to sexually exploit on entry
Ratio Decidendi
None of the grounds of appeal were established; the sentences imposed individually and in totality were not manifestly excessive or infected by identified error; the judge's factual findings were reasonably open and the sentence structure appropriately reflected the criminality and subjective features.
Court Disposition
Leave to appeal granted; appeal dismissed
Orders
- Leave to appeal granted
- Appeal dismissed
Full Case Text
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