Humphries v R; Ponfield v R (No. 2) [2016] NSWCCA 91

Humphries v R; Ponfield v R (No. 2) [2016] NSWCCA 91

The identified errors in the principal judgment and orders were capable of correction under r 50C of the Criminal Appeal Rules 1952 (NSW), and the sentence order for Mark Humphries should be amended to reflect the Court's stated intention of a non-parole period of three years and nine months commencing 19 January 2015 and expiring 18 October 2018 with an additional term of two years and three months expiring 18 January 2021.

Jurisdiction
Australia
Judgment Date
16 May 2016
Procedural Posture
Criminal Appeal / Post Judgment Correction of Errors Pursuant to R 50 C
Outcome
Errors in the principal judgment and orders corrected; amended judgment to be published; republished orders stand as a consolidated statement of the orders of the Court.
Legal Topics
['correction of Errors in Judgment' 'sentencing' 'non Parole Period']
['criminal Law' 'appellate Procedure'] ['correction of Errors in Judgment' 'sentencing' 'non Parole Period']

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Procedural Posture

Criminal Appeal / Post Judgment Correction of Errors Pursuant to R 50 C

Legal Issues

  1. 1 ['Whether errors in the principal judgment and orders should be corrected pursuant to r 50C of the Criminal Appeal Rules 1952 (NSW).' "Whether the recorded expiry dates and sentence in the principal judgment and orders should be amended to reflect the Court's intention."]

Ratio Decidendi

The identified errors in the principal judgment and orders were capable of correction under r 50C of the Criminal Appeal Rules 1952 (NSW), and the sentence order for Mark Humphries should be amended to reflect the Court's stated intention of a non-parole period of three years and nine months commencing 19 January 2015 and expiring 18 October 2018 with an additional term of two years and three months expiring 18 January 2021.

Court Disposition

Errors in the principal judgment and orders corrected; amended judgment to be published; republished orders stand as a consolidated statement of the orders of the Court.

Orders

  • ['The reference at [5] in the principal judgment to "18 January 2021" is amended to read "18 April 2021";' 'The reference at [7] in the principal judgment to "18 June 2017" is amended to read "18 March 2017";' 'Order (3) at [73] and in the form of the sentence ordered by the Court on 13 May 2016 is amended to read:...