Majid v R (No. 2) [2016] NSWCCA 311

Majid v R (No. 2) [2016] NSWCCA 311

The Court held that, due to a slip in the calculation, the sentence for Count 2 needed to be amended so that the additional term expired on 12 February 2022 and not 12 October 2022, as had been previously and erroneously recorded.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Criminal Appeal / Sentence Correction Post Appeal
Outcome
Sentence for Count 2 amended to correct error in expiration date of balance of term.
Legal Topics
['error in Fixing Balance of Term' 'sentence Adjustment' 'rule 50 C Application']
['criminal Law'] ['error in Fixing Balance of Term' 'sentence Adjustment' 'rule 50 C Application']

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Procedural Posture

Criminal Appeal / Sentence Correction Post Appeal

Legal Issues

  1. 1 ["Whether the sentence imposed for Count 2 on 9 December 2016 contained an error and did not reflect the Court's intention as expressed in the judgment."]

Ratio Decidendi

The Court held that, due to a slip in the calculation, the sentence for Count 2 needed to be amended so that the additional term expired on 12 February 2022 and not 12 October 2022, as had been previously and erroneously recorded.

Court Disposition

Sentence for Count 2 amended to correct error in expiration date of balance of term.

Orders

  • ['On Count 2 a non-parole period of eight years commencing 13 April 2010 and expiring 12 April 2018 with an additional term of three years and ten months expiring 12 February 2022.']