Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Betka v R; Ghazaoui v R; Hawchar v R (No 2) [2020] NSWCCA 199 Hearing dates: On the papers Date of orders: 5 August 2020 Decision date: 06 August 2020 Before: Fullerton J; Wilson J; Ierace J Decision: Order 2(i) made on 5 August 2020 in the case of Bilal Betka is amended as follows: The commencement date for the sentence is amended to 17 December 2017 and the expiry date for the non-parole period is amended to 16 June 2021. Catchwords: PRACTICE AND PROCEDURE – slip rule – variation of orders Legislation Cited: Criminal Appeal Rules (NSW), r 50C(3) Category: Consequential orders (other than Costs) Parties: Bilal Betka (Applicant) Zouheir Ghazaoui (Applicant) Ahmed Hawchar (Applicant) The Crown (Respondent) Representation: Counsel: P Lange (Applicant Betka) D Barrow (Applicants Hawchar and Ghazaoui) D Jordan / E Tringali (Crown) Solicitors: Kings Law Group (Applicant Betka) Executive Legal (Applicants Hawchar and Ghazaoui) Commonwealth Director of Public Prosecutions (Crown) File Number(s): 2017/383939; 2018/176836; 2018/176600 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Date of Decision: 2 December 2019 Before: Noman SC DCJ File Number(s): 2017/383939; 2018/176836; 2018/176600 Judgment 1. THE COURT: On 5 August 2020, in the disposition of an application for leave to appeal against the sentences imposed on the applicants in the District Court (Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191), the Court made the following orders as concerns the application by Bilal Betka: 1. The sentence imposed on the applicant in the District Court on 2 December 2019 is quashed. 2. In substitution the sentence imposed is as follows: (i) Imprisonment for 6 years to date from 19 December 2017 with a non-parole period of 3 years and 6 months expiring on 18 December 2021. 1. On 6 August 2020, the Court was alerted to an error in order (2)(i) above. 2. The error was limited to the expiry date for the non-parole period. The Court has independently noted an error in the commencement date for the sentence. 3. Although the parties have not applied to the Court to correct the error, the Court has power under r 50C(3) of the Criminal Appeal Rules (NSW) to correct the order of its own motion. Since the error is arithmetic in nature and where the Court is otherwise satisfied that it is in the interests of justice to exercise the power, the Court has resolved to amend the order in 2(i) above as follows without hearing from the parties: The commencement date for the sentence is amended to read "17 December 2017" and the expiry date for the non-parole period is amended to read "16 June 2021". ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 06 August 2020