R v Ly (No 2) [2014] NSWCCA 91

R v Ly (No 2) [2014] NSWCCA 91

The court is empowered to correct accidental slips or errors in its orders and reasons for judgment that do not affect the substantive outcome, including the deletion or variation of orders made in its previous judgment.

Jurisdiction
Australia
Judgment Date
27 May 2014
Procedural Posture
Criminal Appeal / Variation of Orders After Principal Judgment
Outcome
Orders varied to correct slips
Legal Topics
['slip Rule' 'variation of Orders' 're Sentencing' 'procedural Correction']
['criminal Law' 'appeal'] ['slip Rule' 'variation of Orders' 're Sentencing' 'procedural Correction']

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Procedural Posture

Criminal Appeal / Variation of Orders After Principal Judgment

Legal Issues

  1. 1 ['Whether accidental slips in judgment and orders can be corrected after entry of orders' 'Application of slip rule to criminal appeal orders']

Ratio Decidendi

The court is empowered to correct accidental slips or errors in its orders and reasons for judgment that do not affect the substantive outcome, including the deletion or variation of orders made in its previous judgment.

Court Disposition

Orders varied to correct slips

Orders

  • ['Delete order 1 made on 15 May 2014.' 'Renumber orders 2, 3, and 4 so that they become 1, 2, and 3.' "Replace 'on' with 'with effect from' in order 3 (renumbered as order 2)." "Delete the words 'with a balance of term of 3 years 6 months to expire on 1 November 2020' from order 4 (renumbered as order 3)." "Delete...