Goldberg v R (No 2) [2018] NSWCCA 119

Goldberg v R (No 2) [2018] NSWCCA 119

The Court's clear intention was to impose an aggregate sentence of 8 years and 6 months comprising a non-parole period of 6 years and 4 months. The order specifying a balance of term of 2 years and 1 month expiring on 4 April 2024 contained an arithmetical error; the correct balance of term was 2 years and 2 months expiring on 4 May 2024. The Court therefore set aside order 3 made on 28 May 2018 and substituted the corrected order under s 50C(3) of the Criminal Appeal Rules (NSW).

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Appeal Against Severity of Sentence / On the Papers; Consequential Orders Varying Prior Orders Under the Slip Rule
Outcome
Order 3 made on 28 May 2018 set aside and replaced with a corrected sentencing order.
Legal Topics
['slip Rule' 'variation of Orders' 'sentence Appeal' 'aggregate Sentence' 'non Parole Period']
['practice and Procedure' 'criminal Law'] ['slip Rule' 'variation of Orders' 'sentence Appeal' 'aggregate Sentence' 'non Parole Period']

Case Brief

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Procedural Posture

Appeal Against Severity of Sentence / On the Papers; Consequential Orders Varying Prior Orders Under the Slip Rule

Legal Issues

  1. 1 ['Whether order 3 made on 28 May 2018 contained an arithmetical error in the calculation of the balance of term.' 'Whether the Court should exercise the power in s 50C(3) of the Criminal Appeal Rules (NSW) to set aside and correct order 3.']

Ratio Decidendi

The Court's clear intention was to impose an aggregate sentence of 8 years and 6 months comprising a non-parole period of 6 years and 4 months. The order specifying a balance of term of 2 years and 1 month expiring on 4 April 2024 contained an arithmetical error; the correct balance of term was 2 years and 2 months expiring on 4 May 2024. The Court therefore set aside order 3 made on 28 May 2018 and substituted the corrected order under s 50C(3) of the Criminal Appeal Rules (NSW).

Court Disposition

Order 3 made on 28 May 2018 set aside and replaced with a corrected sentencing order.

Orders

  • ['Set aside order 3 made on 28 May 2018 and make the following order: Quash the sentence imposed by Blackmore DCJ on 9 March 2017 and, in lieu thereof, impose an aggregate sentence of imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months commencing on 5 November 2015 and expiring on...