REGINA v. BUTCHER [2001] NSWCCA 335

REGINA v. BUTCHER [2001] NSWCCA 335

The prior judgment contained errors stating that the applicant had pleaded guilty to three rather than four charges and wording paragraph 68 in a way that wrongly suggested no non-parole period was to be fixed for count one. To remove that confusion and dispose of all matters raised, the judgment was reopened under s.43(2)(b) and amended.

Jurisdiction
Australia
Judgment Date
04 September 2001
Procedural Posture
Criminal Sentence Appeal; Application Under S.43 of the Crimes (sentencing Procedure) Act 1999 / Court of Criminal Appeal Judgment on Joint Application to Reopen and Amend Prior Judgment
Outcome
Judgment reopened pursuant to s.43(2)(b) of the Crimes (Sentencing Procedure) Act 1999 and amended.
Legal Topics
['non Parole Period' 'amendment of Sentence Judgment' 'drug Offences']
['criminal Law' 'sentencing'] ['non Parole Period' 'amendment of Sentence Judgment' 'drug Offences']

Case Brief

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Procedural Posture

Criminal Sentence Appeal; Application Under S.43 of the Crimes (sentencing Procedure) Act 1999 / Court of Criminal Appeal Judgment on Joint Application to Reopen and Amend Prior Judgment

Legal Issues

  1. 1 ['Whether the judgment of 17 May 2001 should be amended to correct the reference to the number of charges to which the applicant pleaded guilty.' 'Whether paragraph 68 and the orders should be amended to make clear that the non-parole period on count one was not to be varied, rather than not imposed.']

Ratio Decidendi

The prior judgment contained errors stating that the applicant had pleaded guilty to three rather than four charges and wording paragraph 68 in a way that wrongly suggested no non-parole period was to be fixed for count one. To remove that confusion and dispose of all matters raised, the judgment was reopened under s.43(2)(b) and amended.

Court Disposition

Judgment reopened pursuant to s.43(2)(b) of the Crimes (Sentencing Procedure) Act 1999 and amended.

Orders

  • ['The word "three" in line one of paragraph two of the judgment of 17 May 2001 is amended to read "four".' 'Paragraph 68 is amended to read: "I would deem it inappropriate to vary the non-parole period in respect of the sentence on count one. All sentences should date from 21 May 1999 and be served concurrently."'...