R v VL (AMEND)

THE COURT : In this matter the Court made orders and delivered its reasons for those orders on 2 September last. In paragraph 52 of the Reasons it was indicated that the full term of the Applicant’s sentence should be reduced to 5 years and 4 months and in paragraph 53 that the parole period should be extended by 6 months at the expense of the non-parole period. The clear intent of those statements was that the Applicant’s sentence should involve imprisonment for a non-parole period of 3 years and 6 months with a balance of term of 1 year and 10 months.

In fact the order of the Court intended to reflect this conclusion provided for imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 6 months. That order should be amended to refer to a balance of term of 1 year and 10 months.

Accordingly the Court orders:- That order 4 made herein on 2 September 2005 be amended so as to read:- “In lieu thereof, sentence the Applicant to imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 10 months.”