Langbein v Regina (No. 2) [2013] NSWCCA 100

Langbein v Regina (No. 2) [2013] NSWCCA 100

The Court is empowered by Rule 50C(3) of the Criminal Appeal Rules to correct the clerical error in the sentencing orders and substitute new orders reflecting the Court's true intention as stated in the reasons for judgment.

Jurisdiction
Australia
Judgment Date
01 May 2013
Procedural Posture
Criminal Appeal / Appeal From Sentence; Correction of Orders
Outcome
Leave to appeal granted and appeal allowed; sentencing orders corrected.
Legal Topics
['practice and Procedure' 'judgments and Orders' 'slip Rule' 'amendment of Error in Sentence']
['criminal Law'] ['practice and Procedure' 'judgments and Orders' 'slip Rule' 'amendment of Error in Sentence']

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Procedural Posture

Criminal Appeal / Appeal From Sentence; Correction of Orders

Legal Issues

  1. 1 ['Whether the Court has power to amend an error in a previously pronounced sentence order under the slip rule' 'Whether the corrected sentencing orders accord with judicial intention']

Ratio Decidendi

The Court is empowered by Rule 50C(3) of the Criminal Appeal Rules to correct the clerical error in the sentencing orders and substitute new orders reflecting the Court's true intention as stated in the reasons for judgment.

Court Disposition

Leave to appeal granted and appeal allowed; sentencing orders corrected.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Sentences imposed by the sentencing judge in respect of the offence of driving whilst disqualified, including the period of disqualification, confirmed.' 'Other sentences imposed by the sentencing judge quashed; substituted sentences imposed as follows:' 'For the...