Wickey v The Queen (No 2)

The applicant, Wickey, sought to amend an order of the Supreme Court of the Australian Capital Territory made on 2 August 2012. The dispute concerned the commencement date of a sentence imposed on the applicant.

The primary legal issue before the Court was whether rule 6906 of the *Court Procedures Rules 2006* (ACT) applied to appellate criminal proceedings and, if so, whether an error in the commencement date of a sentence constituted a "mistake" within the meaning of that rule. A further issue was whether a single judge of the Court had the jurisdiction to correct a mistake made by the Full Court.

Refshauge J held that the term "judgment" in rule 6906 included a sentence. His Honour found that the rule was applicable to appellate criminal proceedings and that an error in the commencement date of a sentence was a mistake that could be corrected under the rule. His Honour further determined that a single judge of the Court possessed the necessary jurisdiction to correct such a mistake made by the Full Court.

The Court ordered that the orders of the Court made on 2 August 2012 be amended.