[2020] NSWCCA 172

Moodie v R (No 2)

Vary Order 4 of the Orders made on 15 July 2020 so that the reference to “17 May 2021” is amended to “17 June 2021”.

Judgment

[1]
THE COURT: On 15 July 2020, the Court handed down its decision in this appeal. Order 4 of the orders made on that day was as follows:
[2]
As is apparent on its face, although Order 4 indicated that there should be a non-parole period of 1 year 8 months, 17 May 2021 is 1 year and 7 months after 17 October 2019. The reference to 17 May 2021 was an error arising from an accidental miscalculation. It should have been a reference to 17 June 2021.
[3]
Similarly, the reference in [148] of the reasons of Bell P to “17 May 2021” should have been to “17 June 2021”.
[4]
The Court has implied or inherent power, of its own motion, to correct accidental slips and clerical mistakes such as the kind made in Order 4: see R v Green and Quinn [2011] NSWCCA 71.
[5]
Order 4 of the Orders made on 15 July 2020 should have read:
[6]
Accordingly, the following order should be made: