R v Cohen [2005] NSWCCA 230

New South Wales Court of Criminal Appeal

CITATION: R v Cohen [2005] NSWCCA 230

HEARING DATE(S): In chambers

JUDGMENT DATE: 28 June 2005

JUDGMENT OF: Santow JA; Hidden J; Adams J

DECISION: Revised Orders; see para [3]

CATCHWORDS: Variation of Orders.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act s43

Christopher Lawrence COHEN (appellant) PARTIES: REGINA (respondent)

FILE NUMBER(S): CCA 60872/01

S M Kluss (Appellant) COUNSEL: D M Woodburne (Crown)

Ross Hill & Associates (Appellant) S E O'Connor (Crown) SOLICITORS:

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 01/61/0003

LOWER COURT JUDICIAL OFFICER: Andrew ADCJ

IN THE COURT OF CRIMINAL APPEAL CCA 60872/01

SANTOW JA HIDDEN J ADAMS J

28 JUNE 2005 Regina v Christopher Lawrence COHEN Judgment 1 THE COURT: The Court delivered judgment in this matter on 12 September 2002 (Santow JA, Hidden J and Adams J). Application has been made by the Director of Public Prosecutions to re-open this matter to correct a sentencing error pursuant to s43 of the Crimes (Sentencing Procedure) Act 1999. Essentially the issue concerns the fact that the trial judge, Andrew ADCJ, made an error of dating the sentence from the date of Mr Cohen's arrest which he stated to be "on 3 May 2001" when that was incorrect and should have been "3 May 2000" when Mr Cohen was in fact arrested. When the matter was heard by this Court the issue in relation to the commencement date of the sentences was not raised and the appeal was dismissed without consideration of the issue. 2 The Crown has indicated that it does not oppose the making of the following orders.