Samandi v The Queen (No. 2)

[2020] NSWCCA 251

Court of Criminal Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Samandi v R (No. 2) [2020] NSWCCA 251

Decision date:

02 October 2020

Before:

Bell P, Johnson J, Rothman J at [1]

Decision:

1. Order 6 of the Court made on 27 August 2020 is varied as follows:

“6.       As a result of the alterations to the aggregate sentence referred to in Order 5, the non-parole period will now expire on 7 February 2021 and the aggregate sentence will expire on 10 May 2023.”

2. Apart from that alteration, the orders made by the Court on 27 August 2020 are unchanged.

Catchwords:

JUDGMENTS AND ORDERS - Court of Criminal Appeal - calculation error - correction of order by Court

Legislation Cited:

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Cases Cited:

Moodie v R (No. 2) [2020] NSWCCA 172

Reddy v R (No. 2) [2018] NSWCCA 234

Samandi v R [2020] NSWCCA 217

Texts Cited:

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Category:

Consequential orders (other than Costs)

Parties:

Ali Samandi (Applicant)
Regina (Respondent)

File Number(s):

2017/58827

Publication restriction:

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Judgment

1. THE COURT: Following delivery of judgment on 27 August 2020 (Samandi v R [2020] NSWCCA 217), the Court’s attention has been drawn to a calculation error contained in the judgment. The orders of the Court were:

“1.   Leave to appeal against conviction refused.

2.   Grant leave to appeal against sentence.

3.   Appeal against sentence dismissed.

4. For the purpose of s.28A(2) Criminal Appeal Act 1912, an order is made that the Applicant’s aggregate sentence imposed on 13 December 2018 should recommence today, 27 August 2020.

5. For the purpose of s.18(2) Criminal Appeal Act 1912, the Court notes that the period between 10 June 2020 and 26 August 2020 does not count as part of the aggregate sentence of imprisonment imposed on 13 December 2018.

6.   As a result of the alterations to the aggregate sentence referred to in [165](d) and (e), the non-parole period will now expire on 7 February 2021 and the aggregate sentence will expire on 6 May 2023.

7.   The earliest date on which the Applicant will be eligible for release on parole is 8 February 2021.

2. An officer of the Department of Corrective Services has drawn attention to the fact that, upon the basis of the period nominated in Order 5, the Applicant’s aggregate sentence will in fact expire on 10 May 2023 and not 6 May 2023 as stated in Order 6.

3. Neither party has moved the Court for correction of this date, however, the Court has power to correct an order of its own motion: Reddy v R (No. 2) [2018] NSWCCA 234 at [2]; Moodie v R (No. 2) [2020] NSWCCA 172 at [4].

4. It is appropriate to amend Order 6 to state that the Applicant’s aggregate sentence will expire on 10 May 2023.

5. Apart from that alteration, the orders made by the Court on 27 August 2020 are unchanged.

6. Accordingly, the orders of the Court are varied so that Order 6 provides:

“6.   As a result of the alterations to the aggregate sentence referred to in Order 5, the non-parole period will now expire on 7 February 2021 and the aggregate sentence will expire on 10 May 2023.”

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Decision last updated: 02 October 2020