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[2020] NSWSC 1642

R v Botrus (No 5)

The Court refused, on 16 September 2020, to make the primary, alternative or further alternative direction sought by the accused.

Catchwords

CRIMINAL LAW – adjustment to judgment

Cases cited

  • R v Botrus (No 4)[2020] NSWSC 1449
  • Shepherd v The Queen(1990) 170 CLR 573

Legislation cited

  • Crimes Act 1900 (NSW)

Judgment

  1. [1]

    HIS HONOUR: On 20 October 2020, the Court delivered reasons for decision for a ruling made on 16 September 2020 during the course of the trial: R v Botrus (No 4) [2020] NSWSC 1449 (“Botrus No 4”).

  2. [2]

    Upon a review of the judgment, it was observed that an administrative error had been made in the publication of the judgment by failing to include the fourth reason for decision with respect to the “further alternative direction” sought by the then accused.

  3. [3]

    The fourth reason, which had intended to be published, was as follows:

  4. [4]

    The reasons for judgment in Botrus No 4 are thereby varied by adding the above reason at [51]. The final paragraph of the judgment (the then fourth reason) shall still be introduced by the word “Lastly”.

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.