R v VL (Amend)

[2005] NSWCCA 389

NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CITATION:      R v VL (AMEND) [2005]  NSWCCA 389

FILE NUMBER(S):
2004/3164

HEARING DATE(S):            2 May 2005

JUDGMENT DATE: 21/11/2005

PARTIES:
Regina
VL

JUDGMENT OF:      Grove J Hulme J Simpson J   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):        03/21/0465

LOWER COURT JUDICIAL OFFICER:     O'Reilly QC DCJ

COUNSEL:
Crown:  J Bennett SC
Applicant:  M Dennis

SOLICITORS:
Crown:  S Kavanagh
Applicant:  S O'Connor

CATCHWORDS:

LEGISLATION CITED:

DECISION:
See paragraph 3

JUDGMENT:

- 1 -

IN THE COURT OF
CRIMINAL APPEAL

2004/3164

GROVE J
HULME J
SIMPSON J

Monday, 21 November 2005

R v VL

Judgment

1. THE COURT:  In this matter the Court made orders and delivered its reasons for those orders on 2 September last.  In paragraph 52 of the Reasons it was indicated that the full term of the Applicant’s sentence should be reduced to 5 years and 4 months and in paragraph 53 that the parole period should be extended by 6 months at the expense of the non-parole period.  The clear intent of those statements was that the Applicant’s sentence should involve imprisonment for a non-parole period of 3 years and 6 months with a balance of term of 1 year and 10 months.

2. In fact the order of the Court intended to reflect this conclusion provided for imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 6 months.  That order should be amended to refer to a balance of term of 1 year and 10 months. 

3. Accordingly the Court orders:-

   That order 4 made herein on 2 September 2005 be amended so as to read:-

   “In lieu thereof, sentence the Applicant to imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 10 months.”

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LAST UPDATED:            21/11/2005