Moodie v The Queen (No 2)

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

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.”

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

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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CaseChat Overview and Summary

In the case of Moodie v The Queen (No 2), the appellant, Sean Ritchie Moodie, appealed against his conviction and sentence for various criminal offences, which had been imposed by the District Court of New South Wales. The key issue before the Court of Criminal Appeal was the correction of an arithmetic error in the calculation of the appellant's non-parole period and release date on parole. The District Court had sentenced Moodie to a term of imprisonment with a non-parole period of 1 year 8 months, which was intended to conclude on 17 August 2022. However, there was an error in the calculation of the release date on parole, which was mistakenly set for 17 May 2021 instead of the correct date of 17 June 2021.

The Court of Criminal Appeal held that it had the inherent jurisdiction to correct such clerical errors in its own orders, as demonstrated in R v Green and Quinn. The Court found that the reference to 17 May 2021 in Order 4 of the orders made on 15 July 2020 was an accidental miscalculation. Consequently, the Court decided to vary Order 4 to correct the reference to the release date on parole to 17 June 2021. This correction was also made in the reasons for the decision of Bell P. The Court emphasised the importance of accurate calculations in sentencing to ensure the fair and just administration of justice.

The final orders of the Court were to vary Order 4 of the Orders made on 15 July 2020, such that the reference to "17 May 2021" be amended to "17 June 2021". This alteration ensures that the appellant's non-parole period and release date on parole are accurately reflected, consistent with the intended sentence imposed by the District Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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