R v Mulligan (No 2) [2016] NSWCCA 64

R v Mulligan (No 2) [2016] NSWCCA 64

To ensure that David Mulligan's custodial sentence does not run in his absence, the Court varied its prior order to defer specification of the sentence commencement date until he appears before the Court for sentencing, in accordance with s 14A of the Criminal Appeal Act 1912 (NSW), correcting an accidental slip in the prior order.

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Criminal Appeal / Correction/variation of Orders After Judgment
Outcome
Order 3 made on 1 April 2016 varied; sentence commencement deferred until appearance of respondent; warrant to be reissued and previous warrant revoked.
Legal Topics
['slip Rule' 'correction of Orders' 'sentencing' 'commencement of Custodial Sentence']
['criminal Law' 'appellate Procedure'] ['slip Rule' 'correction of Orders' 'sentencing' 'commencement of Custodial Sentence']

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Procedural Posture

Criminal Appeal / Correction/variation of Orders After Judgment

Legal Issues

  1. 1 ['Whether the sentence imposed by the Court on 1 April 2016 should have specified the commencement date given the respondent was absent' 'Whether s 14A Criminal Appeal Act 1912 (NSW) empowers the Court to defer sentence commencement until appearance of the respondent' 'Whether there was an accidental judicial slip in specifying commencement of sentence when respondent not present']

Ratio Decidendi

To ensure that David Mulligan's custodial sentence does not run in his absence, the Court varied its prior order to defer specification of the sentence commencement date until he appears before the Court for sentencing, in accordance with s 14A of the Criminal Appeal Act 1912 (NSW), correcting an accidental slip in the prior order.

Court Disposition

Order 3 made on 1 April 2016 varied; sentence commencement deferred until appearance of respondent; warrant to be reissued and previous warrant revoked.

Orders

  • ['Order 3 varied as follows: 3A. In lieu thereof sentence David Mulligan to a period of imprisonment of 18 months, with a non-parole period of 12 months.' '3B. Pursuant to s 14A of the Criminal Appeal Act 1912 (NSW), defer specifying the commencement date of the sentence until David Mulligan appears before the Court...