SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | R v Palmer |
Citation: | [2023] ACTCA 24 |
Hearing Date: | 5 June 2023 |
Decision Date: | 5 June 2023 |
Before: | Mossop J |
Decision: | See [29] |
Catchwords: | PRACTICE AND PROCEDURE – JUDGMENT AND ORDERS – Amendment to orders of the Court of Appeal pursuant to r 6906 – where orders of the court erroneously recorded on bench sheet – inconsistency between orders recorded in published judgment and orders recorded on bench sheet – narrative text from judgment erroneously recorded as redundant and inaccurate orders on bench sheet – bench sheet was subsequently amended without explanation – orders made to amend the documents recording terms of orders so as to reflect the orders that were pronounced and the intention of the court |
Legislation Cited: | Court Procedures Rules 2006 (ACT), r 6906 |
Cases Cited: | Monaghan v Australian Capital Territory(No 2) [2016] ACTSC 352 |
Parties: | The Queen ( Appellant) Paul Arthur Palmer ( Respondent) |
Representation: | Counsel E Roff ( Appellant) J Cooper ( Respondent) |
| Solicitors Director of Public Prosecutions ( Appellant) Aboriginal Legal Service NSW/ACT ( Respondent) | |
File Number: | ACTCA 9 of 2019 |
Decision under appeal: | Court/Tribunal: Supreme Court of the ACT Before: Elkaim J Date of Decision: 7 February 2019 Case Title: R v Nicholas; R v Palmer Citation: [2019] ACTSC 16 |
MOSSOP J:
Introduction
1․Accurate recording of court orders is fundamental to the administration of justice. The accurate documentation of the orders made by a judge in court is a necessary first step towards the perfection of those orders. An obvious example of the importance of the accurate recording of the orders of the court is where those orders record sentences of imprisonment. Warrants authorising the imprisonment of a person must be drawn up in order to implement the sentence imposed by orders of the court. The accurate recording of those orders is therefore fundamental to the implementation of the sentence imposed and thereby of fundamental importance to the liberty of the affected person.
2․When making and documenting orders of the court it must be borne in mind that those orders will often be required to be implemented by persons who only have before them the terms of the orders. They will not necessarily be aware of the reasons for the orders or background information in relation to the dispute that resulted in the making of those orders. As a consequence, in drafting and documenting orders it is important to ensure that they may be read and understood on their own terms without necessarily requiring background knowledge as to the circumstances of their making or an examination of the reasons that they were made. Once again, an example which illustrates this is a sentence of imprisonment. Sentences of imprisonment are administered by the executive. Arms of the executive such as the Sentence Administration Board rely on the terms of the sentence of imprisonment in order to make decisions about the custody of…
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- AGLC
- R v Palmer [2023] ACTCA 24
- Case
- [2023] ACTCA 24
- Decision Date
CaseChat Overview and Summary
The central legal issue was the power of the court to amend its own orders to correct errors in recording, particularly when those errors stemmed from the erroneous inclusion of narrative text as formal orders and subsequent flawed attempts to reconcile inconsistencies. The court was required to consider the implications of these errors on the administration of justice and the liberty of the individual, as well as the appropriate legal basis for making such amendments.
The court reasoned that accurate recording of orders is fundamental to the administration of justice, especially when dealing with sentences of imprisonment. It identified that the errors originated from the inclusion of paragraph [138] of the published reasons, which contained narrative explanations rather than formal orders, as an order of the court. This erroneous order, along with subsequent amendments made without clear justification or procedural regularity, led to significant inconsistencies in the recorded sentences. The court found that these errors fell within the scope of rule 6906 of the Court Procedures Rules 2006 (ACT), which permits amendments to correct accidental inclusions or omissions. The court decided to amend the documents to reflect the orders pronounced on 5 December 2019, specifically by correcting the dates in the erroneous order to align with the actual start date of the sentence on count 1 and deleting the redundant total period of imprisonment order, thereby restoring the intended sentence of nine years and six months.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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