R v VL (AMEND) [2005] NSWCCA 389

R v VL (AMEND) [2005] NSWCCA 389

The Court amended the previous order to ensure that the imprisonment term matches the intent as expressed in the reasons, being a non-parole period of 3 years and 6 months and a balance of term of 1 year and 10 months.

Parties
Respondent: Regina; Applicant: VL
Jurisdiction
Australia
Judgment Date
21 November 2005
Procedural Posture
Criminal Appeal / Post Judgment Amendment
Outcome
Order amended
Legal Topics
Sentencing, Amendment of Orders
Criminal Law Sentencing Amendment of Orders

Case Brief

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Parties

Regina

Respondent

VL

Applicant

Procedural Posture

Criminal Appeal / Post Judgment Amendment

Legal Issues

  1. 1 Whether the order as previously expressed accurately reflected the Court's intent regarding the non-parole period and balance of term

Ratio Decidendi

The Court amended the previous order to ensure that the imprisonment term matches the intent as expressed in the reasons, being a non-parole period of 3 years and 6 months and a balance of term of 1 year and 10 months.

Court Disposition

Order amended

Orders

  • That order 4 made herein on 2 September 2005 be amended so as to read: 'In lieu thereof, sentence the Applicant to imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 10 months.'