R v Oliver [No 2] [2005] NSWCCA 27

R v Oliver [No 2] [2005] NSWCCA 27

The Court amended its earlier orders because it had overlooked that the fixed term for Count 2 was 3 years concurrent from 15 August 2002 to 14 August 2005, and that term should have been adjusted to coincide with the non-parole period for Count 1, from 15 August 2002 to 14 February 2005.

Jurisdiction
Australia
Judgment Date
14 February 2005
Procedural Posture
Criminal Sentence Appeal / Amending Orders Re Judgment Published on 4 February 2005
Outcome
Orders amended; time to file the Notice Seeking Leave to Appeal extended; leave to appeal granted; appeal allowed; sentence imposed on 3 May 2003 quashed; applicant resentenced on Counts 1 and 2.
Legal Topics
['sentence Appeal' 'amendment of Orders' 'non Parole Period' 'fixed Term of Imprisonment']
['criminal Law' 'criminal Procedure'] ['sentence Appeal' 'amendment of Orders' 'non Parole Period' 'fixed Term of Imprisonment']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Amending Orders Re Judgment Published on 4 February 2005

Legal Issues

  1. 1 ['Whether the orders made on 4 February 2005 should be amended because the fixed term for Count 2 was overlooked and should have been adjusted to coincide with the non-parole period for Count 1.']

Ratio Decidendi

The Court amended its earlier orders because it had overlooked that the fixed term for Count 2 was 3 years concurrent from 15 August 2002 to 14 August 2005, and that term should have been adjusted to coincide with the non-parole period for Count 1, from 15 August 2002 to 14 February 2005.

Court Disposition

Orders amended; time to file the Notice Seeking Leave to Appeal extended; leave to appeal granted; appeal allowed; sentence imposed on 3 May 2003 quashed; applicant resentenced on Counts 1 and 2.

Orders

  • ['That the time for filing the Notice Seeking Leave to Appeal be extended.' 'That leave to appeal be granted.' 'That the appeal be allowed and that the sentence imposed on 3 May 2003 be quashed.' 'That in lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant be...