R v Donald (No 2) [2013] NSWCCA 290

R v Donald (No 2) [2013] NSWCCA 290

The Court failed to comply with s 20 of the Crimes Act 1914 (Cth) by not setting a sum as security for the recognisance release order; s 43 of the Crimes (Sentencing Procedure) Act 1999 allows the Court to reopen proceedings and amend the sentence accordingly.

Jurisdiction
Australia
Judgment Date
22 November 2013
Procedural Posture
Crown Appeal / Judgment on Re Opening/procedural Amendment
Outcome
Crown appeal allowed; previous sentence quashed; respondent sentenced to 2 years imprisonment, to be released on 25 October 2014 upon entering into a recognisance, self in the sum of $2000, to be of good behaviour for 12 months.
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

Crown Appeal / Judgment on Re Opening/procedural Amendment

Legal Issues

  1. 1 ['Whether the Court failed to set a sum as security for a recognisance release order as required by s 20 of the Crimes Act 1914 (Cth)' 'Whether s 43 of the Crimes (Sentencing Procedure) Act 1999 allows reopening to correct error in sentencing']

Ratio Decidendi

The Court failed to comply with s 20 of the Crimes Act 1914 (Cth) by not setting a sum as security for the recognisance release order; s 43 of the Crimes (Sentencing Procedure) Act 1999 allows the Court to reopen proceedings and amend the sentence accordingly.

Court Disposition

Crown appeal allowed; previous sentence quashed; respondent sentenced to 2 years imprisonment, to be released on 25 October 2014 upon entering into a recognisance, self in the sum of $2000, to be of good behaviour for 12 months.

Orders

  • ['The Crown appeal is allowed.' 'The sentence imposed on 26 April 2013 is quashed.' 'In lieu, the respondent is sentenced to 2 years imprisonment, commencing 25 October 2013, to be released on 25 October 2014 upon entering into a recognisance, self in the sum of $2000.00, to be of good behaviour for a period of 12...