[2020] NSWCCA 199

Betka v R; Ghazaoui v R; Hawchar v R (No 2)

Order 2(i) made on 5 August 2020 in the case of Bilal Betka is amended as follows: The commencement date for the sentence is amended to 17 December 2017 and the expiry date for the non-parole period is amended to 16 June 2021.

Catchwords

PRACTICE AND PROCEDURE – slip rule – variation of orders

Legislation cited

Criminal Appeal Rules (NSW), § 50C(3)

Judgment

[1]
THE COURT: On 5 August 2020, in the disposition of an application for leave to appeal against the sentences imposed on the applicants in the District Court (Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191), the Court made the following orders as concerns the application by Bilal Betka:
1. (1)
  The sentence imposed on the applicant in the District Court on 2 December 2019 is quashed.
2. (2)
  In substitution the sentence imposed is as follows:
[2]
On 6 August 2020, the Court was alerted to an error in order (2)(i) above.
[3]
The error was limited to the expiry date for the non-parole period. The Court has independently noted an error in the commencement date for the sentence.
[4]
Although the parties have not applied to the Court to correct the error, the Court has power under r 50C(3) of the Criminal Appeal Rules (NSW) to correct the order of its own motion. Since the error is arithmetic in nature and where the Court is otherwise satisfied that it is in the interests of justice to exercise the power, the Court has resolved to amend the order in 2(i) above as follows without hearing from the parties: