Betka v R; Ghazaoui v R; Hawchar v R (No 2) [2020] NSWCCA 199

Betka v R; Ghazaoui v R; Hawchar v R (No 2) [2020] NSWCCA 199

The Court amended the commencement date for the sentence and the expiry date for the non-parole period based on its power under Criminal Appeal Rules (NSW), r 50C(3), finding the errors to be arithmetic and correction was in the interests of justice.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Criminal Appeal / Consequential Orders Following Appeal Decision
Outcome
Order amended
Legal Topics
['slip Rule' 'variation of Orders']
['criminal Law' 'practice and Procedure'] ['slip Rule' 'variation of Orders']

Case Brief

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Procedural Posture

Criminal Appeal / Consequential Orders Following Appeal Decision

Legal Issues

  1. 1 ['Whether the Court can correct errors in its orders under the slip rule without application from the parties']

Ratio Decidendi

The Court amended the commencement date for the sentence and the expiry date for the non-parole period based on its power under Criminal Appeal Rules (NSW), r 50C(3), finding the errors to be arithmetic and correction was in the interests of justice.

Court Disposition

Order amended

Orders

  • ['The commencement date for the sentence imposed on Bilal Betka is amended to 17 December 2017.' 'The expiry date for the non-parole period is amended to 16 June 2021.']