Buadromo v R (No 2) [2011] NSWCCA 55

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Buadromo v R (No 2) [2011] NSWCCA 55 Hearing dates: On the papers Decision date: 30 March 2011 Before: McClellan CJ at CL at 1 Simpson J at 2 Buddin J at 17 Decision: Orders made on 27 February 2007 amended by the addition of the following: (iv) the sentence imposed in respect of Count 6 quashed; (v) in respect of Count 6, the applicant re-sentenced to imprisonment with a non-parole period of 2 years and 6 months commencing on 17 December 2008 and expiring on 16 June 2011, with a balance of term of 1 year and 3 months, expiring on 16 September 2012. Catchwords: CRIMINAL LAW - procedure - sentence appeal - power of the Court to correct judgment after delivery - orders do not reflect intention of the Court - Rule 50C Criminal Appeal Rules not available - slip rule - concession by the Crown - interests of justice in this case - orders amended Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Rules Cases Cited: Buadromo v R [2007] NSWCCA 43 R v Green and Quinn [2010] NSWCCA 313 Category: Consequential orders Parties: Baba Buadromo (Applicant) Regina (Respondent) Representation: Counsel: P Johnson (Applicant) N Noman (Respondent) Solicitors: S E O'Connor (Legal Aid Commission) (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent) File Number(s): 2006/2156 Decision under appeal Date of Decision: 2006-01-24 00:00:00 Before: Blackmore DCJ File Number(s): 04/11/1422