Regina v Hamze [2004] NSWCCA 475

Regina v Hamze [2004] NSWCCA 475

The Court determined that a slip had occurred in the final date of the imposed sentence and non-parole period, and it was appropriate to amend the orders so as to accurately reflect the decision made by the Court when allowing the Crown's appeal and resentencing the respondent.

Parties
Appellant: The Crown; Respondent: Iash Hamze
Jurisdiction
Australia
Judgment Date
02 March 2005
Procedural Posture
Crown Appeal Against Sentence / Determination of Appeal; Amendment of Orders
Outcome
Crown appeal allowed. Sentence below set aside. Amended sentence and non-parole period imposed.
Legal Topics
Sentencing, Appellate Procedure, Corrections of Orders
Criminal Law Sentencing Appellate Procedure Corrections of Orders

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Parties

The Crown

Appellant

Iash Hamze

Respondent

Procedural Posture

Crown Appeal Against Sentence / Determination of Appeal; Amendment of Orders

Legal Issues

  1. 1 Whether the sentence imposed by the District Court was manifestly inadequate
  2. 2 Whether it was appropriate to correct a slip in the calculation of the sentence expiration dates

Ratio Decidendi

The Court determined that a slip had occurred in the final date of the imposed sentence and non-parole period, and it was appropriate to amend the orders so as to accurately reflect the decision made by the Court when allowing the Crown's appeal and resentencing the respondent.

Court Disposition

Crown appeal allowed. Sentence below set aside. Amended sentence and non-parole period imposed.

Orders

  • Crown appeal allowed.
  • Sentence below set aside.