Samandi v R (No. 2) [2020] NSWCCA 251

Samandi v R (No. 2) [2020] NSWCCA 251

Because the period nominated in Order 5 meant that the Applicant's aggregate sentence would expire on 10 May 2023 rather than 6 May 2023, and the Court has power to correct an order of its own motion, it was appropriate to amend Order 6 to state the correct expiry date while leaving the other orders unchanged.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Court of Criminal Appeal Consequential Orders / Correction of Order After Judgment
Outcome
Order 6 varied to correct the aggregate sentence expiry date; other orders made on 27 August 2020 unchanged.
Legal Topics
['court of Criminal Appeal' 'calculation Error' 'correction of Order' 'aggregate Sentence' 'non Parole Period']
['criminal Law' 'judgments and Orders'] ['court of Criminal Appeal' 'calculation Error' 'correction of Order' 'aggregate Sentence' 'non Parole Period']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Court of Criminal Appeal Consequential Orders / Correction of Order After Judgment

Legal Issues

  1. 1 ["Whether Order 6 made on 27 August 2020 should be corrected to reflect the correct expiry date of the Applicant's aggregate sentence." 'Whether the Court may correct an order of its own motion where neither party has moved for correction.']

Ratio Decidendi

Because the period nominated in Order 5 meant that the Applicant's aggregate sentence would expire on 10 May 2023 rather than 6 May 2023, and the Court has power to correct an order of its own motion, it was appropriate to amend Order 6 to state the correct expiry date while leaving the other orders unchanged.

Court Disposition

Order 6 varied to correct the aggregate sentence expiry date; other orders made on 27 August 2020 unchanged.

Orders

  • ['Order 6 of the Court made on 27 August 2020 is varied as follows: "6. As a result of the alterations to the aggregate sentence referred to in Order 5, the non-parole period will now expire on 7 February 2021 and the aggregate sentence will expire on 10 May 2023."' 'Apart from that alteration, the orders made by...