Martin v The Queen (No. 2)

[2013] NSWCCA 26

Court of Criminal Appeal

New South Wales

Case Title:

Martin v R (No. 2)

Medium Neutral Citation:

[2013] NSWCCA 26

Hearing Date(s):

27 November 2012

Decision Date:

26 February 2013

Before:

Hoeben JA, Davies & Campbell JJ

Decision:

Order 4 made 13 December 2012 is varied so that paragraph (a) provides:

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.

Legislation Cited:

Criminal Appeal Rules

Cases Cited:

R v Brett Andrew Green [2011] NSWCCA 71

Category:

Procedural and other rulings

Parties:

Ronald George Martin (Applicant)
Crown

Representation

- Counsel:

Counsel:
I McLachlan (Applicant)
M Cinque (Crown)

- Solicitors:

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Crown)

File Number(s):

2010/107331 & 2010/228092

Decision Under Appeal

- Before:

Garling DCJ

- Date of Decision: 

25 August 2011

- Court File Number(s):

2010/107331 & 2010/228092

JUDGMENT

1. THE COURT: On 13 December 2012 the Court allowed the appeal, quashed the sentences imposed by Judge Garling in respect of the second set of offences and in lieu made the following order relating to Count 2:

   (a) 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 March 2014.

2. The reference to the additional term of 9 months expiring 29 March 2014 was an error that did not reflect the Court's intention in imposing an additional term of 9 months. It is necessary, therefore, to amend the sentence in respect of Count 2 in order that the sentence passed on the Appellant conform with the intention of the Court.

3. The error was not brought to the Court's attention within the 14 day period allowed by r 50C of the Criminal Appeal Rules. Independently of r 50C this Court has inherent power to make corrections of accidental slips or omissions in order to ensure that orders finally made reflect the intention of the Court: R v Brett Andrew Green [2011] NSWCCA 71 at [21] and [24].

4. Accordingly, the order of the Court of 13 December 2012 is corrected as follows:

   Order 4 made 13 December 2012 is varied so that paragraph (a) provides:

   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.

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