R v Carmody (No 2)

Case [2017] ACTSC 25


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Carmody (No 2)

Citation:

[2017] ACTSC 25

Hearing Date:

31 January 2017

DecisionDate:

14 February 2017

Before:

Refshauge J

Decision:

1.   That order 3 of the order made by the Honourable Justice Penfold on 27 July 2012 be amended by omitting “3 years” and substituting “18 months”.

2.   The parties be heard as to how the sentencing proceedings should now be conducted.

Catchwords:

PRACTICE AND PROCEDURE – JUDGMENTS AND ORDERS – Amendment to a Court order – slip rule – period of Good Behaviour Order incorrectly entered by the Court registry – new order made reflecting original pronouncement by sentencing Judge – proceedings adjourned awaiting receipt of the assessment for an Intensive Correction Order

Legislation Cited:

Crimes (Sentence Administration) Act 2005 (ACT), s 86, Pt 6.4, Pt 6.5
Crimes (Sentencing) Act 2005 (ACT), ss 11, 11(3), 13(2), 78(1)(b)

Court Procedures Rules 2006 (ACT), r 6906

Cases Cited:

Auld v The Queen [2013] ACTCA 21
Boney v The Queen [2015] NSWCCA 291
Brennand v Hartung (No 3) [2015] ACTSC 149
Elson v Ayton [2010] ACTSC 70; 241 FLR 178
Jovanovic v The Queen [1999] FCA 1008; 92 FCR 580
Lewis v Chief Executive of the Department of Justice and Community Safety of the Australian Capital Territory [2013] ACTSC 198; 280 FLR 118
R v Carmody (Unreported, Supreme Court of the Australian Capital Territory, Penfold J, 27 July 2012)
R v Carmody [2016] ACTSC 382
R v Gorman [2009] ACTSC 7
R v NF (No 2) [2016] ACTSC 227
Sampson v De Haan [2016] ACTSC 327
Wickey v The Queen (No 2) [2012] ACTCA 51; 269 FLR 289

Parties:

The Queen (Crown)

Jakson Mark Carmody (Accused)

Representation:

Counsel

Mr T Hickey (Crown)

Ms L Taylor (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Defendant)

File Numbers:

SCC 259 of 2015

SCC 258 of 2015

SCC 106 of 2009

SCC 16 of 2009

SCC 377 of 2008

SCC 283 of 2008

SCC 211 of 2008

SCC 272 of 2007

REFSHAUGE J:

  1. The accused, Jakson Mark Carmody, has a long and serious criminal history, apparently contributed to significantly by drug abuse and mental impairment.

  1. More recently, however, he appears to have been overcoming his challenges and making good progress with rehabilitation.

  1. Unfortunately, however, he was involved in an altercation with a visitor to a neighbouring property on 11 June 2015. That led to him being charged with offences of recklessly inflicting grievous bodily harm and damaging property, to which he pleaded guilty on 24 August 2016.

  1. On 16 December 2016, I commenced sentencing proceedings and convicted Mr Carmody of those two offences but adjourned the further sentencing to investigate the possibility of making an Intensive Correction Order under s 11 of the Crimes (Sentencing) Act 2005 (ACT).

  1. In addition to the seriousness of the offences themselves, it was alleged that Mr Carmody, by committing the offences, had breached a Good Behaviour Order made on 27…

Continue reading R v Carmody (No 2)

Sign in free to access the full text

Details
AGLC
R v Carmody (No 2) [2017] ACTSC 25
Case
[2017] ACTSC 25
Decision Date

CaseChat Overview and Summary

The case of R v Carmody (No 2) involved the defendant, Carmody, and the Crown, and was heard in the Supreme Court of Victoria. The dispute centred on an amendment to a court order, specifically a Good Behaviour Order, that had been incorrectly entered by the Court registry. The original order had been made by Justice Penfold on 27 July 2012, but contained an error in the duration of the Good Behaviour Order, which was incorrectly stated as 3 years instead of 18 months, as originally pronounced by the sentencing judge. The Crown sought to have this error corrected through the application of the 'slip rule', which allows for the correction of errors in court orders.

The legal issue before the court was whether the error in the court order could be corrected under the 'slip rule', and if so, what the appropriate remedy would be. The court had to consider the principles governing the correction of errors in court orders, and whether the error in this case was such that it could be corrected without causing unfairness or injustice to either party. The court also had to consider the appropriate remedy for the error, and whether the original order should be amended to reflect the correct duration of the Good Behaviour Order.

The court held that the error in the court order could be corrected under the'slip rule', and that the appropriate remedy was to amend the order to reflect the correct duration of the Good Behaviour Order. The court noted that the error was a clerical one, and that there was no dispute as to the correct duration of the order. The court also noted that the error did not cause any unfairness or injustice to either party, and that correcting the error would simply ensure that the court order accurately reflected the original pronouncement by the sentencing judge. The court therefore made the appropriate orders to amend the court order, and adjourned the proceedings to allow for the parties to be heard as to how the sentencing proceedings should now be conducted.

In summary, the court held that the error in the court order could be corrected under the'slip rule', and that the appropriate remedy was to amend the order to reflect the correct duration of the Good Behaviour Order. The court made the appropriate orders to amend the court order, and adjourned the proceedings to allow for the parties to be heard as to how the sentencing proceedings should now be conducted.

Orders

Orders of the court

1. That order 3 of the order made by the Honourable Justice Penfold on 27 July 2012 be amended by omitting “3 years” and substituting “18 months”.

2. The parties be heard as to how the sentencing proceedings should now be conducted.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.