Norford v R (No 2) [2020] NSWCCA 175

Norford v R (No 2) [2020] NSWCCA 175

The commencement date of 30 November 2018 in the order pronounced on 27 May 2020 was an accidental slip because the Court did not intend to commence the substituted sentence one month later than the original sentence imposed at first instance. Under r 50C(5) of the Criminal Appeal Rules (NSW) and the Court's power to correct accidental slips, the orders should be set aside and corrected to state a commencement date of 31 October 2018.

Jurisdiction
Australia
Judgment Date
27 July 2020
Procedural Posture
Criminal Appeal Against Sentence; Amendment of Orders for Accidental Slip / On the Papers After Orders Pronounced on 27 May 2020
Outcome
Orders pronounced on 27 May 2020 set aside; leave to appeal against sentence granted; appeal allowed; District Court sentence for the s 112(2) offence quashed; substituted sentence imposed with corrected commencement and expiry dates.
Legal Topics
['amendment of Orders' 'accidental Slip' 'sentence Appeal' 'non Parole Period']
['criminal Law' 'criminal Procedure' 'practice and Procedure'] ['amendment of Orders' 'accidental Slip' 'sentence Appeal' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence; Amendment of Orders for Accidental Slip / On the Papers After Orders Pronounced on 27 May 2020

Legal Issues

  1. 1 ['Whether the commencement date in order (4) pronounced on 27 May 2020 was an accidental slip.' 'Whether the Court had power to set aside or vary the orders to correct that accidental slip.']

Ratio Decidendi

The commencement date of 30 November 2018 in the order pronounced on 27 May 2020 was an accidental slip because the Court did not intend to commence the substituted sentence one month later than the original sentence imposed at first instance. Under r 50C(5) of the Criminal Appeal Rules (NSW) and the Court's power to correct accidental slips, the orders should be set aside and corrected to state a commencement date of 31 October 2018.

Court Disposition

Orders pronounced on 27 May 2020 set aside; leave to appeal against sentence granted; appeal allowed; District Court sentence for the s 112(2) offence quashed; substituted sentence imposed with corrected commencement and expiry dates.

Orders

  • ['The orders pronounced by the Court on 27 May 2020 are set aside and the following orders substituted in lieu thereof.' 'Leave to appeal against sentence granted.' 'Appeal allowed.' 'The sentence imposed in the District Court in respect of the offence contrary to s 112(2) of the Crimes Act 1900 (NSW) is quashed.'...