Moodie v The Queen (No 2)

[2020] NSWCCA 172

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Moodie v R (No 2) [2020] NSWCCA 172
Hearing dates:	In chambers
Date of orders:	17 July 2020
Decision date:	21 July 2020
Before:	Bell P; Davies J; N Adams J
Decision:	Vary Order 4 of the Orders made on 15 July 2020 so that the reference to “17 May 2021” is amended to “17 June 2021”.
Category:	Consequential orders (other than Costs)
Parties:	Sean Ritchie Moodie (Appellant) The Crown (Respondent)
Representation:	Counsel: A Cook (Appellant) M Kumar (Respondent) Solicitors: Nyman Gibson Miralis Defence Lawyers and Advisors (Appellant) Office of the Director of Public Prosecutions (NSW) (Respondent)
File Number(s):	2017/00071794
Publication restriction:	N/A
Decision under appeal	Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 17 October 2019 Before: King DCJ File Number(s): 2017/00071794

Judgment

1. THE COURT: On 15 July 2020, the Court handed down its decision in this appeal. Order 4 of the orders made on that day was as follows:

“Sentence the applicant to a term of imprisonment comprising a non-parole period of 1 year 8 months and a balance of term of 1 year 2 months. The sentence is to date from 17 October 2019. The total sentence will conclude on 17 August 2022. The Applicant is to be released on parole upon the expiration of the non-parole period on 17 May 2021.”

2. As is apparent on its face, although Order 4 indicated that there should be a non-parole period of 1 year 8 months, 17 May 2021 is 1 year and 7 months after 17 October 2019. The reference to 17 May 2021 was an error arising from an accidental miscalculation. It should have been a reference to 17 June 2021.

3. Similarly, the reference in [148] of the reasons of Bell P to “17 May 2021” should have been to “17 June 2021”.

4. The Court has implied or inherent power, of its own motion, to correct accidental slips and clerical mistakes such as the kind made in Order 4: see R v Green and Quinn [2011] NSWCCA 71.

5. Order 4 of the Orders made on 15 July 2020 should have read:

“Sentence the applicant to a term of imprisonment comprising a non-parole period of 1 year 8 months and a balance of term of 1 year 2 months. The sentence is to date from 17 October 2019. The total sentence will conclude on 17 August 2022. The Applicant is to be released on parole upon the expiration of the non-parole period on 17 June 2021.”

6. Accordingly, the following order should be made:

“Vary Order 4 of the Orders made on 15 July 2020 so that the reference to “17 May 2021” is amended to “17 June 2021””.

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Decision last updated: 21 July 2020