R v Oliver [No 2]

[2005] NSWCCA 27

CITATION:	R v Oliver [No 2] [2005] NSWCCA 27
HEARING DATE(S):	31/01/05 04/02/05
JUDGMENT DATE:	14 February 2005
JUDGMENT OF:	Sully J; Kirby J
DECISION:	Amending Orders re judgment published on 4 February 2005

CATCHWORDS:	Criminal Practice & Procedure
PARTIES:	Regina Daryl Shane Oliver
FILE NUMBER(S):	CCA 2004/2386
COUNSEL:	Ms J Girdham (Crown/Resp) Ms A Francis (Appl)
SOLICITORS:	S E O'Connor (Crown/Resp) S Kavanagh (Appl)

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	02/31/0363
LOWER COURT JUDICIAL OFFICER:	Patten DCJ

2004/2386 CCAP

SULLY J
KIRBY J

Monday 14 February 2005

REGINA v Daryl Shane OLIVER

Judgment [N o 2]

1 THE COURT: Judgment was handed down in this matter on 4 February 2005. The orders made at the time included the following:

"3. That the appeal be allowed and that the sentence imposed on 3 May 2003 in respect of Count 1 be quashed, the sentence on Count 2 being confirmed.
4. That in lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant be sentenced to a term of imprisonment of 4 years 6 months commencing on 15 August 2002 and expiring on 14 February 2007, with a non parole period of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005, at which time the applicant will be eligible for release on parole."

2 However, it was overlooked that the term fixed in respect of Count 2 was 3 years concurrent from 15 August 2002 to 14 August 2005. That term should also have been adjusted to coincide with the non parole period in respect of Count 1, that is, from 15 August 2002 to 14 February 2005.

3 By this order the Court now makes that adjustment so that the amended order of the Court in respect of the appeal by the applicant will be as follows:

Orders:

1. That the time for filing the Notice Seeking Leave to Appeal be extended.

2. That leave to appeal be granted.

3. That the appeal be allowed and that the sentence imposed on 3 May 2003 be quashed.

4. That in lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant be sentenced to a term of imprisonment of 4 years 6 months commencing on 15 August 2002 and expiring on 14 February 2007, with a non parole period of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005, at which time the applicant will be eligible for release on parole.

5. In respect of Count 2, the applicant be sentenced to a fixed term of imprisonment of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005.

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