Buadromo v R (No 2) [2011] NSWCCA 55

Buadromo v R (No 2) [2011] NSWCCA 55

The orders made on 27 February 2007 did not reflect the Court's clear intention that the applicant be eligible for release on parole on 16 June 2011 because the Count 6 non-parole period remained unchanged and expired on 16 December 2011. Although r 50C was unavailable and the scope of the slip rule was questionable, the Court acted on the Crown's concession in the circumstances of the case to correct the oversight and achieve a just outcome.

Jurisdiction
Australia
Judgment Date
30 March 2011
Procedural Posture
Criminal Sentence Appeal / Consequential Orders on the Papers to Amend Orders Made on 27 February 2007
Outcome
Orders made on 27 February 2007 amended by adding orders quashing and re-sentencing Count 6.
Legal Topics
['sentence Appeal' 'correction of Orders After Delivery' 'slip Rule' 'non Parole Period' 'special Circumstances']
['criminal Law' 'criminal Procedure'] ['sentence Appeal' 'correction of Orders After Delivery' 'slip Rule' 'non Parole Period' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Consequential Orders on the Papers to Amend Orders Made on 27 February 2007

Legal Issues

  1. 1 ["Whether the orders made on 27 February 2007 should be amended because they did not achieve the Court's intended parole eligibility date of 16 June 2011." 'Whether r 50C of the Criminal Appeal Rules was available to set aside or vary the entered orders.' "Whether the Court should act on the Crown's concession and amend the orders under the slip rule despite doubt about the scope of that power."]

Ratio Decidendi

The orders made on 27 February 2007 did not reflect the Court's clear intention that the applicant be eligible for release on parole on 16 June 2011 because the Count 6 non-parole period remained unchanged and expired on 16 December 2011. Although r 50C was unavailable and the scope of the slip rule was questionable, the Court acted on the Crown's concession in the circumstances of the case to correct the oversight and achieve a just outcome.

Court Disposition

Orders made on 27 February 2007 amended by adding orders quashing and re-sentencing Count 6.

Orders

  • ['The sentence imposed in respect of Count 6 quashed.' 'In respect of Count 6, the applicant re-sentenced to imprisonment with a non-parole period of 2 years and 6 months commencing on 17 December 2008 and expiring on 16 June 2011, with a balance of term of 1 year and 3 months, expiring on 16 September 2012.']