Fitzgerald v R (No. 2) [2018] NSWCCA 179

Fitzgerald v R (No. 2) [2018] NSWCCA 179

It is appropriate to correct the orders to accurately reflect the applicant's 79 days in custody prior to release on bail, as permitted by Rule 50C to remedy a clerical error arising from incorrect information provided by the Crown.

Parties
Applicant: Karina Lorraine Fitzgerald; Respondent: Crown
Jurisdiction
Australia
Judgment Date
20 August 2018
Procedural Posture
Criminal Appeal / Post Judgment Correction (slip Rule)
Outcome
Orders varied to correct sentence and non-parole expiry dates; appeal remains dismissed.
Legal Topics
Sentencing, Appeal Procedure, Slip Rule, Correction of Orders
Criminal Law Sentencing Appeal Procedure Slip Rule Correction of Orders

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Parties

Karina Lorraine Fitzgerald

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Post Judgment Correction (slip Rule)

Legal Issues

  1. 1 Whether the Court may correct orders to reflect accurate time spent in custody under slip rule principles

Ratio Decidendi

It is appropriate to correct the orders to accurately reflect the applicant's 79 days in custody prior to release on bail, as permitted by Rule 50C to remedy a clerical error arising from incorrect information provided by the Crown.

Court Disposition

Orders varied to correct sentence and non-parole expiry dates; appeal remains dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.