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[2020] NSWCCA 251

Samandi v R (No. 2)

1. Order 6 of the Court made on 27 August 2020 is varied as follows: “6. As a result of the alterations to the aggregate sentence referred to in Order 5, the non-parole period will now expire on 7 February 2021 and the aggregate sentence will expire on 10 May 2023.” 2. Apart from that alteration, the orders made by the Court on 27 August 2020 are unchanged.

Catchwords

JUDGMENTS AND ORDERS - Court of Criminal Appeal - calculation error - correction of order by Court

Cases cited

  • Moodie v R (No. 2)[2020] NSWCCA 172
  • Reddy v R (No. 2)[2018] NSWCCA 234
  • Samandi v R[2020] NSWCCA 217

Legislation cited

  • ---

Judgment

  1. [1]

    THE COURT: Following delivery of judgment on 27 August 2020 (Samandi v R [2020] NSWCCA 217), the Court’s attention has been drawn to a calculation error contained in the judgment. The orders of the Court were:

  2. [2]

    An officer of the Department of Corrective Services has drawn attention to the fact that, upon the basis of the period nominated in Order 5, the Applicant’s aggregate sentence will in fact expire on 10 May 2023 and not 6 May 2023 as stated in Order 6.

  3. [3]

    Neither party has moved the Court for correction of this date, however, the Court has power to correct an order of its own motion: Reddy v R (No. 2) [2018] NSWCCA 234 at [2]; Moodie v R (No. 2) [2020] NSWCCA 172 at [4].

  4. [4]

    It is appropriate to amend Order 6 to state that the Applicant’s aggregate sentence will expire on 10 May 2023.

  5. [5]

    Apart from that alteration, the orders made by the Court on 27 August 2020 are unchanged.

  6. [6]

    Accordingly, the orders of the Court are varied so that Order 6 provides:

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