AKKAWI, Mark v R; AKKAWI, Paul v R (No 2) [2013] NSWCCA 72

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AKKAWI, Mark v R; AKKAWI, Paul v R (No 2) [2013] NSWCCA 72 Hearing dates: 08/02/2013 Decision date: 08 April 2013 Before: Simpson J Blanch J Rothman J Decision: (1) Leave to appeal granted; (2) Sentences imposed on Mark Akkawi and Paul Akkawi by the District Court on 3 September 2010 be set aside and the applicants be re-sentenced as follows: Mark Akkawi: Count 1: imprisonment for 5 years and 6 months, commencing on 29 May 2008 and expiring on 28 November 2013, with a non-parole period of 3 years and 3 months, expiring on 28 August 2011. Count 2: (taking into account the Form 1 offences) imprisonment for 6 years, commencing on 29 May 2009 and expiring on 28 May 2015, with a non-parole period of 4 years, expiring on 28 May 2013. The aggregate sentence for Mark Akkawi is imprisonment of 7 years, commencing on 29 May 2008 and expiring on 28 May 2015, with a non-parole period of 5 years, expiring on 28 May 2013. Paul Akkawi: Count 1: imprisonment for 5 years and 6 months, commencing on 29 May 2008 and expiring on 28 November 2013, with a non-parole period of 3 years and 3 months, expiring on 28 August 2011. Count 2: imprisonment for 6 years, commencing on 29 May 2009 and expiring on 28 May 2015, with a non-parole period of 4 years, expiring on 28 May 2013. Count 3: (taking into account the Form 1 offences) imprisonment for 6 years, commencing on 29 August 2011 and expiring on 28 August 2017, with a non-parole period of 2 years and 9 months, expiring on 28 May 2014. The aggregate sentence for Paul Akkawi is imprisonment of 9 years and 3 months, commencing on 29 May 2008 and expiring on 28 August 2017, with a non-parole period of 6 years, expiring on 28 May 2014. Catchwords: CRIMINAL LAW - appeal - error in judgment purportedly entered - application to amend judgment pursuant to Rule 50C of the Criminal Appeal Rules - power of the Court to amend orders once entered - effect of Rule 50C - original intention implemented Legislation Cited: Criminal Appeal Act 1912 Criminal Appeal Rules Cases Cited: Alramadan v Director of Public Prosecutions (NSW) (No. 2) [2008] NSWCCA 69 R v Glyn Morgan JONES; R v Anthony Joseph Luis HILI (No 2) [2010] NSWCCA 195 Category: Consequential orders Parties: 2009/5903: Mark Akkawi (Applicant) Regina (Respondent)