Regina v Erceg [2004] NSWCCA 15

New South Wales Court of Criminal Appeal

CITATION : Regina v Erceg [2004] NSWCCA 15 HEARING DATE(S) : 10 February 2004 JUDGMENT DATE : 10 February 2004

JUDGMENT OF : James J at 1; Smart AJ at 23 DECISION : See para 22

CATCHWORDS : Remission of matter of sentence to District Court to exercise its discretion under s 43(1)(a) of the Crimes (Sentencing Procedure) Act 1999 and to regularise Court records. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 CASES CITED : Nil PARTIES : Regina v Leon Maurice Erceg FILE NUMBER(S) : CCA 60053/03 COUNSEL : (A) R J Button (C) D C Frearson SOLICITORS : (A) D J Humphreys (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0630 FILE NUMBER(S) : LOWER COURT Taylor DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60053/03 JAMES J SMART AJ Tuesday, 10 February 2004 L eon Maurice ERCEG v REGINA (NSW) Judgment

1. JAMES J: The applicant, Leon Maurice Erceg, and a co-offender named Virgin, pleaded guilty to a charge of robbery in company.

2. On 28 November 2001 Taylor DCJ sentenced the applicant and the co-offender. It now seems clear that his Honour intended to impose on each of the applicant and the co-offender a head sentence of four years, four months. However, doubts have arisen whether the non-parole period his Honour intended to set was three years or one year four months.

3. A number of warrants were issued in which the terms of the sentence were stated in varying terms, and there was correspondence between the Registrar of the District Court and the judge concerning what were the terms of the sentence the judge had imposed.