Betka v The Queen; Ghazaoui v The Queen; Hawchar v The Queen (No 2)

[2020] NSWCCA 199

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Betka v R; Ghazaoui v R; Hawchar v R (No 2) [2020] NSWCCA 199
Hearing dates:	On the papers
Date of orders:	5 August 2020
Decision date:	06 August 2020
Before:	Fullerton J; Wilson J; Ierace J
Decision:	Order 2(i) made on 5 August 2020 in the case of Bilal Betka is amended as follows: The commencement date for the sentence is amended to 17 December 2017 and the expiry date for the non-parole period is amended to 16 June 2021.
Catchwords:	PRACTICE AND PROCEDURE – slip rule – variation of orders
Legislation Cited:	Criminal Appeal Rules (NSW), r 50C(3)
Category:	Consequential orders (other than Costs)
Parties:	Bilal Betka (Applicant) Zouheir Ghazaoui (Applicant) Ahmed Hawchar (Applicant) The Crown (Respondent)
Representation:	Counsel: P Lange (Applicant Betka) D Barrow (Applicants Hawchar and Ghazaoui) D Jordan / E Tringali (Crown) Solicitors: Kings Law Group (Applicant Betka) Executive Legal (Applicants Hawchar and Ghazaoui) Commonwealth Director of Public Prosecutions (Crown)
File Number(s):	2017/383939; 2018/176836; 2018/176600
Publication restriction:	Nil
Decision under appeal	Court or tribunal: District Court Date of Decision: 2 December 2019 Before: Noman SC DCJ File Number(s): 2017/383939; 2018/176836; 2018/176600

Judgment

1. THE COURT: On 5 August 2020, in the disposition of an application for leave to appeal against the sentences imposed on the applicants in the District Court (Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191), the Court made the following orders as concerns the application by Bilal Betka:

1. The sentence imposed on the applicant in the District Court on 2 December 2019 is quashed.

2. In substitution the sentence imposed is as follows:

(i) Imprisonment for 6 years to date from 19 December 2017 with a non-parole period of 3 years and 6 months expiring on 18 December 2021.

2. On 6 August 2020, the Court was alerted to an error in order (2)(i) above.

3. The error was limited to the expiry date for the non-parole period. The Court has independently noted an error in the commencement date for the sentence.

4. Although the parties have not applied to the Court to correct the error, the Court has power under r 50C(3) of the Criminal Appeal Rules (NSW) to correct the order of its own motion. Since the error is arithmetic in nature and where the Court is otherwise satisfied that it is in the interests of justice to exercise the power, the Court has resolved to amend the order in 2(i) above as follows without hearing from the parties:

The commencement date for the sentence is amended to read “17 December 2017” and the expiry date for the non-parole period is amended to read “16 June 2021”.

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Decision last updated: 06 August 2020