New South Wales Court of Criminal Appeal CITATION: R v Oliver [No 2] [2005] NSWCCA 27 HEARING DATE(S): 31/01/05 04/02/05 JUDGMENT DATE: 14 February 2005 JUDGMENT OF: Sully J; Kirby J DECISION: Amending Orders re judgment published on 4 February 2005 CATCHWORDS: Criminal Practice & Procedure Regina PARTIES: Daryl Shane Oliver FILE NUMBER(S): CCA 2004/2386 Ms J Girdham (Crown/Resp) COUNSEL: Ms A Francis (Appl) S E O'Connor (Crown/Resp) SOLICITORS: S Kavanagh (Appl) LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 02/31/0363 LOWER COURT JUDICIAL OFFICER: Patten DCJ IN THE COURT OF CRIMINAL APPEAL 2004/2386 CCAP SULLY J KIRBY J Monday 14 February 2005 REGINA v Daryl Shane OLIVER Judgment [N o 2] 1 THE COURT: Judgment was handed down in this matter on 4 February 2005. The orders made at the time included the following: "3. That the appeal be allowed and that the sentence imposed on 3 May 2003 in respect of Count 1 be quashed, the sentence on Count 2 being confirmed. 4. That in lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant be sentenced to a term of imprisonment of 4 years 6 months commencing on 15 August 2002 and expiring on 14 February 2007, with a non parole period of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005, at which time the applicant will be eligible for release on parole." 2 However, it was overlooked that the term fixed in respect of Count 2 was 3 years concurrent from 15 August 2002 to 14 August 2005. That term should also have been adjusted to coincide with the non parole period in respect of Count 1, that is, from 15 August 2002 to 14 February 2005. 3 By this order the Court now makes that adjustment so that the amended order of the Court in respect of the appeal by the applicant will be as follows: Orders: 1. That the time for filing the Notice Seeking Leave to Appeal be extended. 2. That leave to appeal be granted. 3. That the appeal be allowed and that the sentence imposed on 3 May 2003 be quashed. 4. That in lieu of the sentence in respect of Count 1, and taking into account the matters on the Form 1, the applicant be sentenced to a term of imprisonment of 4 years 6 months commencing on 15 August 2002 and expiring on 14 February 2007, with a non parole period of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005, at which time the applicant will be eligible for release on parole. 5. In respect of Count 2, the applicant be sentenced to a fixed term of imprisonment of 2 years 6 months commencing on 15 August 2002 and expiring on 14 February 2005. ********** 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.