[2015] NSWCCA 134

Cowan v R (No 2)

Pursuant to s. 50(1) of the Crimes (Sentencing Procedure) Act 1999 the Court directs the release of the applicant at the expiration of his non-parole period on 2 July 2015.

Catchwords

CRIMINAL LAW – Sentence – Where previous orders of the Court imposed a total sentence of 3 years – Where no parole order was made – Statutory provision requiring the making of a parole order where a sentence of 3 years or less is imposed – Order made

Cases cited

Cowan v R[2015] NSWCCA 118

Legislation cited

Crimes (Sentencing Procedure) Act 1999 (NSW)

Judgment

[1]
THE COURT: On 29 May 2015 this Court delivered judgment in Cowan v R [2015] NSWCCA 118. The effect of the orders made by the Court on that occasion was to impose a sentence of 3 years imprisonment upon the applicant, comprising a non-parole period of 1 year and 10 months expiring on 2 July 2015, and a balance of term of 1 year and 2 months expiring on 2 September 2016.
[2]
Section 50 of the Crimes (Sentencing Procedure) Act 1999 is in the following terms:
[3]
It has been drawn to the Court’s attention that no order was made pursuant to s. 50 when judgment was delivered. The Solicitor for the applicant now seeks such an order, the making of which is not opposed by the Crown.
[4]
Accordingly, the further order of the Court is as follows:
1. (1)
  Pursuant to s. 50(1) of the Crimes (Sentencing Procedure) Act 1999 the Court directs the release of the applicant at the expiration of his non-parole period on 2 July 2015.