Martin v R (No. 2) [2013] NSWCCA 26

Martin v R (No. 2) [2013] NSWCCA 26

The Court's inherent power allows correction of an accidental slip in an order to ensure it accurately reflects the Court's intention, even if not brought to the Court's attention within 14 days as specified by r 50C of the Criminal Appeal Rules.

Jurisdiction
Australia
Judgment Date
26 February 2013
Procedural Posture
Criminal Appeal / Variation of Orders
Outcome
order of 13 December 2012 varied to correct sentencing error
Legal Topics
['correction of Accidental Slip' 'sentencing' 'inherent Power']
['criminal Law'] ['correction of Accidental Slip' 'sentencing' 'inherent Power']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Variation of Orders

Legal Issues

  1. 1 ['Whether the Court has power to correct an accidental slip in the sentencing order after the 14 day period under r 50C of the Criminal Appeal Rules has expired']

Ratio Decidendi

The Court's inherent power allows correction of an accidental slip in an order to ensure it accurately reflects the Court's intention, even if not brought to the Court's attention within 14 days as specified by r 50C of the Criminal Appeal Rules.

Court Disposition

order of 13 December 2012 varied to correct sentencing error

Orders

  • ['Order 4 made 13 December 2012 is varied: in respect of Count 2, a non-parole period of 12 months commencing 30 July 2012 and expiring 29 July 2013 with an additional term of 9 months expiring 29 April 2014']