R v VL (AMEND) [2005] NSWCCA 389

New South Wales Court of Criminal Appeal

R v VL (AMEND) [2005] NSWCCA 389 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 2 May 2005

JUDGMENT DATE: 21 November 2005

JUDGMENT OF: Grove J at 1; Hulme J at 1; Simpson J at 1

DECISION: See paragraph 3

Regina PARTIES: VL

FILE NUMBER(S): CCA 2004/3164

Crown: J Bennett SC COUNSEL: Applicant: M Dennis

Crown: S Kavanagh SOLICITORS: Applicant: S O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/21/0465

LOWER COURT JUDICIAL OFFICER: O'Reilly QC DCJ

- 1 - IN THE COURT OF CRIMINAL APPEAL 2004/3164

GROVE J HULME J SIMPSON J

Monday, 21 November 2005 R v VL Judgment 1 THE COURT: In this matter the Court made orders and delivered its reasons for those orders on 2 September last. In paragraph 52 of the Reasons it was indicated that the full term of the Applicant's sentence should be reduced to 5 years and 4 months and in paragraph 53 that the parole period should be extended by 6 months at the expense of the non-parole period. The clear intent of those statements was that the Applicant's sentence should involve imprisonment for a non-parole period of 3 years and 6 months with a balance of term of 1 year and 10 months. 2 In fact the order of the Court intended to reflect this conclusion provided for imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 6 months. That order should be amended to refer to a balance of term of 1 year and 10 months. 3 Accordingly the Court orders:- That order 4 made herein on 2 September 2005 be amended so as to read:- "In lieu thereof, sentence the Applicant to imprisonment for a non-parole period of 3 years and 6 months commencing on 9 May 2003 with a balance of term of 1 year and 10 months." **********