Allen v R (No 2) [2020] NSWCCA 196

Allen v R (No 2) [2020] NSWCCA 196

The original Order 4 did not reflect the Court's intent to cover all reporting offences for which Mr Allen was sentenced and should be varied under the Court's inherent power to correct clerical mistakes, extending the resentence to include both the specified counts of the First Indictment and counts 1 and 2 of the Second Indictment.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Criminal Appeal / Consequential Orders Following Appellate Judgment
Outcome
Order 4 of 22 July 2020 varied to clarify counts covered by aggregate sentence.
Legal Topics
['sentence Correction' 'aggregate Sentencing' 'reporting Offences']
['criminal Law'] ['sentence Correction' 'aggregate Sentencing' 'reporting Offences']

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Procedural Posture

Criminal Appeal / Consequential Orders Following Appellate Judgment

Legal Issues

  1. 1 ["Whether Order 4 of the Court's initial orders adequately reflected the intention to resentence for all relevant reporting offences on both indictments" 'Whether the Court had power to correct an accidental omission in its prior orders']

Ratio Decidendi

The original Order 4 did not reflect the Court's intent to cover all reporting offences for which Mr Allen was sentenced and should be varied under the Court's inherent power to correct clerical mistakes, extending the resentence to include both the specified counts of the First Indictment and counts 1 and 2 of the Second Indictment.

Court Disposition

Order 4 of 22 July 2020 varied to clarify counts covered by aggregate sentence.

Orders

  • ["Vary Order 4 of the Orders made on 22 July 2020 to insert the word 'First' before 'Indictment' and to add the words 'and counts 1 and 2 of the Second Indictment' after 'Indictment' so that Order 4, as varied, reads: 'In respect of counts 2 and 4 – 25 of the First Indictment and counts 1 and 2 of the Second...