R v Chi Pan Chow [2018] NSWDC 339

R v Chi Pan Chow [2018] NSWDC 339

There was a material miscalculation in fixing the non-parole period; s 19AHA Crimes Act 1914 empowers the court to correct such a technical error so that the record accords with the Court's intention. The correct non-parole period is six years for the 11-year sentence, to maintain proportionality between co-offenders.

Parties
Offender: Chi Pan Chow; Prosecutor: Director of Public Prosecutions (Commonwealth)
Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Sentence Correction Application / Post Sentence; Sentencing Error Rectification
Outcome
Sentence corrected; non-parole period varied to six years.
Legal Topics
Sentencing, Commonwealth Offences, Rectification of Sentencing Errors, Non Parole Period Calculation
Criminal Law Sentencing Commonwealth Offences Rectification of Sentencing Errors Non Parole Period Calculation

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Parties

Chi Pan Chow

Offender

Director of Public Prosecutions (Commonwealth)

Prosecutor

Procedural Posture

Sentence Correction Application / Post Sentence; Sentencing Error Rectification

Legal Issues

  1. 1 Whether there was a mathematical error in calculating the non-parole period for the offender's sentence.
  2. 2 Whether s 19AHA Crimes Act 1914 applies to permit rectification of a technical error in sentencing.

Ratio Decidendi

There was a material miscalculation in fixing the non-parole period; s 19AHA Crimes Act 1914 empowers the court to correct such a technical error so that the record accords with the Court's intention. The correct non-parole period is six years for the 11-year sentence, to maintain proportionality between co-offenders.

Court Disposition

Sentence corrected; non-parole period varied to six years.

Orders

  • The sentence imposed on Chi Pan Chow is corrected pursuant to s 19AHA Crimes Act 1914.
  • Chow's sentence of imprisonment of 11 years is confirmed with a non-parole period of six years.