R v Elphick (No 3)

The case of R v Elphick (No 3) involved an application by the respondent to amend a previous order regarding the sentence of Todd Elphick. The application was heard in the Supreme Court of the Australian Capital Territory. The primary issue was whether the Court had the authority to amend the sentencing order due to an accidental slip or omission.

The legal issues centered on the Court's power to amend its orders in the event of an accidental slip or omission, and the applicability of the "slip rule" as well as the inherent jurisdiction of the Court under rule 6906 of the Court Procedures Rules 2006 (ACT). Additionally, the Court had to consider whether the amendment of a transferred sentence under Chapter 12 of the Crimes (Sentence Administration) Act 2005 (ACT) was permissible.

The Court found that it had the inherent jurisdiction to amend its orders to correct any accidental slips or omissions. The Court noted that the original order was clearly the result of an accidental slip and that the amendment sought would correct this error without altering the substance of the sentence. The Court further held that the slip rule and its inherent jurisdiction allowed for such amendments, provided the error was clear and the amendment did not prejudice any party. The Court exercised its discretion to amend the order as requested, correcting the sentence to reflect the intended terms.

The Court ordered that the sentence in The Queen v Todd Elphick (No 2) be amended to reflect the intended terms. Specifically, the order required that the words "cumulative as to" be omitted and replaced with "concurrent as to approximately," and the date "1 October" be omitted and replaced with "21 October." These amendments were also to be reflected in paragraph [97] of the reasons for sentence.