MACKENZIE v R (No 2) [2012] NSWCCA 122

MACKENZIE v R (No 2) [2012] NSWCCA 122

The orders made on 25 February 2011 transposed the sentences for CAN 3 and CAN 4, thereby increasing the sentence for CAN 4 even though it was not the subject of appeal and had been described as not open to variation; the orders in respect of CAN 3 and CAN 4 were therefore set aside and corrected.

Jurisdiction
Australia
Judgment Date
06 June 2012
Procedural Posture
Criminal Law Appeal Variation of Order / Consequential Orders
Outcome
Orders in respect of CAN 3 and CAN 4 made on 25 February 2011 set aside; the Applicant was sentenced on CANs 3 and 4 as corrected.
Legal Topics
['appeal' 'variation of Order' 'sentencing' 'correction of Orders']
['criminal Law'] ['appeal' 'variation of Order' 'sentencing' 'correction of Orders']

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Procedural Posture

Criminal Law Appeal Variation of Order / Consequential Orders

Legal Issues

  1. 1 ['Whether the orders made on 25 February 2011 incorrectly transposed the sentences for CAN 3 and CAN 4.' 'Whether the orders in respect of CAN 3 and CAN 4 should be set aside and corrected.']

Ratio Decidendi

The orders made on 25 February 2011 transposed the sentences for CAN 3 and CAN 4, thereby increasing the sentence for CAN 4 even though it was not the subject of appeal and had been described as not open to variation; the orders in respect of CAN 3 and CAN 4 were therefore set aside and corrected.

Court Disposition

Orders in respect of CAN 3 and CAN 4 made on 25 February 2011 set aside; the Applicant was sentenced on CANs 3 and 4 as corrected.

Orders

  • ['Set aside the orders in respect of CAN 3 and CAN 4 made on 25 February 2011.' 'CAN 4: imprisonment for a fixed term of 1 year commencing on 28 August 2010 expiring on 27 August 2011.' 'CAN 3: imprisonment for a non-parole period of 8 months to commence on 28 June 2011 and expiring on 27 February 2012 and a balance...