Langbein v Regina (No. 2) [2013] NSWCCA 100

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Langbein v Regina (No. 2) [2013] NSWCCA 100 Hearing dates: 9 November 2012 Decision date: 01 May 2013 Before: McClellan JA Fullerton J Campbell J Decision: The orders pronounced on 26th April 2013 are set aside and the Court makes the following orders: 1. Grant leave to appeal. 2. Appeal allowed. 3. Confirm the sentences imposed by the sentencing judge in respect of the offence of driving whilst disqualified including the period of disqualification imposed by his Honour. 4. Otherwise, the sentences imposed by the sentencing judge are quashed and the following sentences are imposed in substitution: (a) In respect of the offence under s 112(2) of the Crimes Act 1900 committed at the C4 Café, the applicant is sentenced to 3 years imprisonment comprising a non-parole period of 2 years and 3 months commencing on 17 February 2011 and expiring on 16 May 2013, with a balance of term of 9 months commencing on 17 May 2013 and expiring on 16 February 2014; (b) In respect of the offence under s 112(2) of the Crimes Act 1900 committed at the Devine Café, the applicant is sentenced to 4 years and 6 months imprisonment comprising a non-parole period of 3 years commencing on 17 May 2011 and expiring on 16 May 2014, with a balance of term of 1 year and 6 months commencing on 17 May 2014 and expiring on 16 November 2015. Catchwords: CRIMINAL LAW - practice and procedure - judgments and orders - slip rule - amendment of error in term of sentence Legislation Cited: Criminal Appeal Rules Cases Cited: Akkawi v R (No 2) [2013] NSWCCA 72 R v Jones; R v Hili (No 2) [2010] NSWCCA 195; 79 NSWLR 143 Category: Principal judgment Parties: Luke Langbein (Applicant) Regina (Respondent) Representation: Counsel: P. Winch (Applicant) S. Dowling (Respondent) Solicitors: Legal Aid NSW (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/14368 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-07-29 00:00:00 Before: Acting Judge Nield File Number(s): 2011/14368