R v Slovoc Popovski (No 2)

The case of R v Slovoc Popovski (No 2) involved the accused, Slovoc Popovski, who was in dispute over the correctness of orders made during his criminal proceedings. The matter was heard in the ACT Supreme Court. The primary issue before the court was whether it had the power to correct an order that was entered incorrectly due to a clerical error, which did not reflect the order made or intended by the court. The court had to determine if the inherent power of a superior court of record could be exercised to amend such errors, particularly when they resulted from accidental slips or omissions.

The court considered the nature of the error in this case, which involved a deferred sentence order that was not made by the court, nor was the sentence intended to be generated by it. Instead, the court had ordered the accused to appear in 12 months' time to be sentenced for the offence. The court examined the principles surrounding the correction of orders under the slip rule and the implications of such errors on the administration of justice. It concluded that it possessed the implied or inherent power to correct clerical mistakes in orders when the error resulted from an accidental slip or omission.

The court, therefore, ordered the correction of the erroneous order, which included changes to the offence recorded, the bail conditions, and the undertaking for bail. It also directed the accused to appear on specific dates for further proceedings and sentencing. The court maintained the bail of the accused despite the errors in the order, emphasising that the errors had been corrected and did not affect the substance of the bail conditions. Furthermore, it granted liberty to the parties to apply to another judge of the court if any matters arose from the corrections made to the orders.