Norford v R (No 2) [2020] NSWCCA 175

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Norford v R (No 2) [2020] NSWCCA 175 Hearing dates: On the papers Date of orders: 27 July 2020 Decision date: 27 July 2020 Before: Simpson AJA at [1] Rothman J at [1] Bellew J at [1] Decision: (1) The orders pronounced by the Court on 27 May 2020 are set aside and the following orders substituted in lieu thereof. (2) Leave to appeal against sentence granted. (3) Appeal allowed. (4) The sentence imposed in the District Court in respect of the offence contrary to s 112(2) of the Crimes Act 1900 (NSW) is quashed. (5) In lieu thereof, the applicant is sentenced to a non-parole period of 1 year and 9 months' imprisonment to date from 31 October 2018 and to expire on 30 July 2020, with an additional term of 1 year and 9 months' imprisonment commencing on 31 July 2020 and expiring on 30 April 2022. Catchwords: PRACTICE AND PROCEDURE – Amendment of orders – Unintended slip – No point of principle Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Rules (NSW) Cases Cited: Akkawi v R (No 2) [2013] NSWCCA 72 Alramadan v R (No 2) [2008] NSWCCA 69 Norford v R [2020] NSWCCA 104 Category: Principal judgment Parties: Timothy John Norford – Applicant Regina – Respondent Representation: Counsel: P Coady – Applicant C Young – Respondent

Solicitors: Legal Aid NSW – Applicant C Hyland, Solicitor for Public Prosecutions (NSW) – Respondent File Number(s): 2018/333824 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 22 July 2019 Before: Acting Judge Conlon SC