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." ********** 21/11/2005 - - Paragraph(s) 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.