Grabovac v R (No 2) [2018] NSWCCA 120

Grabovac v R (No 2) [2018] NSWCCA 120

There was an error in the commencement date of Mr Grabovac's sentence in the earlier order, and since both parties agree a correction is necessary and justice requires it, the Court orders the correction to reflect the proper commencement date of imprisonment.

Parties
Appellant: Frano Grabovac; Crown: Regina
Jurisdiction
Australia
Judgment Date
13 June 2018
Procedural Posture
Criminal Appeal / Application to Vary Orders (slip Rule)
Outcome
Orders varied to correct sentence commencement date; Order 4 made on 28 May 2018 set aside; new sentencing orders made.
Legal Topics
Slip Rule, Resentencing, Correction of Orders
Criminal Law Practice and Procedure Slip Rule Resentencing Correction of Orders

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Parties

Frano Grabovac

Appellant

Regina

Crown

Procedural Posture

Criminal Appeal / Application to Vary Orders (slip Rule)

Legal Issues

  1. 1 Whether there was an error in the sentencing commencement date in the earlier order
  2. 2 Whether the Court has the power to correct the order under the slip rule

Ratio Decidendi

There was an error in the commencement date of Mr Grabovac's sentence in the earlier order, and since both parties agree a correction is necessary and justice requires it, the Court orders the correction to reflect the proper commencement date of imprisonment.

Court Disposition

Orders varied to correct sentence commencement date; Order 4 made on 28 May 2018 set aside; new sentencing orders made.

Orders

  • Order 4 made on 28 May 2018 is set aside.
  • Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, and will first become eligible for parole on 23 February 2023.