Yeonata v R (No. 2) [2013] NSWCCA 59

Yeonata v R (No. 2) [2013] NSWCCA 59

Sequence 120 had been omitted from the Court's re-sentencing orders because the Court Attendance Notice for that sequence was not included in the appeal books. Once obtained, it showed an offence of knowingly dealing in the proceeds of crime involving a stolen and altered cheque for $2,930.10 with no Form 1 offences. Applying the Court's original categorisation, sequence 120 fell within the first group of offences involving $4000 or less with no Form 1 offences, and the Court had inherent power to correct the accidental omission so that the final orders reflected its intention.

Jurisdiction
Australia
Judgment Date
14 March 2013
Procedural Posture
Consequential Orders / Correction of Order After Determination of Application for Leave to Appeal and Re Sentencing
Outcome
The order of the Court of 11 December 2012 is corrected.
Legal Topics
['varying Judgments' 'accidental Slip or Omission' 'correction of Orders' 'sentencing']
['criminal Procedure' 'criminal Appeal'] ['varying Judgments' 'accidental Slip or Omission' 'correction of Orders' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Orders / Correction of Order After Determination of Application for Leave to Appeal and Re Sentencing

Legal Issues

  1. 1 ["Whether the Court's order of 11 December 2012 should be corrected to include sequence 120 in the sentences imposed." 'Whether the Court had power to correct the omission outside the 14 day period allowed by r 50C of the Criminal Appeal Rules.']

Ratio Decidendi

Sequence 120 had been omitted from the Court's re-sentencing orders because the Court Attendance Notice for that sequence was not included in the appeal books. Once obtained, it showed an offence of knowingly dealing in the proceeds of crime involving a stolen and altered cheque for $2,930.10 with no Form 1 offences. Applying the Court's original categorisation, sequence 120 fell within the first group of offences involving $4000 or less with no Form 1 offences, and the Court had inherent power to correct the accidental omission so that the final orders reflected its intention.

Court Disposition

The order of the Court of 11 December 2012 is corrected.

Orders

  • ['Order (4)(a) is varied so that paragraph (a) provides: For sequences 67-69, 74, 78, 82, 98, 112, 120 and 131 - a non-parole period of one year commencing 3 March 2010 and expiring 2 March 2011 with an additional term of four months expiring 2 July 2011.']