R (Commonwealth) v Paul James [2013] NSWDC 113

R (Commonwealth) v Paul James [2013] NSWDC 113

The sentence proceedings were corrected because the stated expiry date for count 5 exceeded the specified sentence and was therefore contrary to law, and because the sentence for count 16 had wrongly been recorded as a fixed term despite there being no power to do so under s 19AB(1)(d) of the Crimes Act 1914 (Cth). The single non-parole period was consequently adjusted so that it included count 16 while preserving the intended expiry date of 13 December 2015.

Jurisdiction
Australia
Judgment Date
07 June 2013
Procedural Posture
Criminal Sentence Correction / Sentence Proceedings Re Opened Under S 43 of the Crimes (sentencing Procedure) Act 1999
Outcome
Sentence corrected; term 'fixed' deleted in respect of count 16 and single non-parole period adjusted to include count 16.
Legal Topics
['sentence Correction' 'child Pornography Offences' 'non Parole Period' 'fixed Term Sentence']
['criminal Law' 'sentencing'] ['sentence Correction' 'child Pornography Offences' 'non Parole Period' 'fixed Term Sentence']

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Procedural Posture

Criminal Sentence Correction / Sentence Proceedings Re Opened Under S 43 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ['Whether the sentence proceedings should be re-opened under s 43 of the Crimes (Sentencing Procedure) Act 1999 to correct penalties contrary to law.' 'Whether the expiry date for the sentence imposed on count 5 was mathematically incorrect and contrary to law.' "Whether the term 'fixed' should be deleted from the sentence for count 16 because there was no power to fix a fixed term under s 19AB(1)(d) of the Crimes Act 1914 (Cth)." 'Whether the single non-parole period should be adjusted to include count 16.']

Ratio Decidendi

The sentence proceedings were corrected because the stated expiry date for count 5 exceeded the specified sentence and was therefore contrary to law, and because the sentence for count 16 had wrongly been recorded as a fixed term despite there being no power to do so under s 19AB(1)(d) of the Crimes Act 1914 (Cth). The single non-parole period was consequently adjusted so that it included count 16 while preserving the intended expiry date of 13 December 2015.

Court Disposition

Sentence corrected; term 'fixed' deleted in respect of count 16 and single non-parole period adjusted to include count 16.

Orders

  • ['In respect of count 5, delete 13 September 2018 and substitute 13 August 2018.' "In respect of count 16, delete the word 'fixed'." 'Amend the single non-parole period by deleting the number 15 and substituting the number 16 in the expression 1-15.' 'Amend the single non-parole period by deleting 3 years 11 months...