R v Cohen [2005] NSWCCA 230

R v Cohen [2005] NSWCCA 230

The court may re-open proceedings under s43 of the Crimes (Sentencing Procedure) Act 1999 to correct a factual error in the commencement date of a sentence.

Parties
Appellant: Christopher Lawrence Cohen; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Criminal Appeal / Variation of Sentence After Judgment
Outcome
Orders revised; sentence commencement date corrected
Legal Topics
Variation of Orders, Sentencing, Correction of Sentence Errors
Criminal Law Variation of Orders Sentencing Correction of Sentence Errors

Case Brief

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Parties

Christopher Lawrence Cohen

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Variation of Sentence After Judgment

Legal Issues

  1. 1 Whether the sentencing error as to the commencement date of sentence should be corrected under s43 of the Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The court may re-open proceedings under s43 of the Crimes (Sentencing Procedure) Act 1999 to correct a factual error in the commencement date of a sentence.

Court Disposition

Orders revised; sentence commencement date corrected

Orders

  • The matter be re-opened pursuant to s43 Crimes (Sentencing Procedure) Act 1999 for the purpose of making the following orders;
  • The sentence imposed by Andrew ADCJ on 26 November 2001 be quashed;