R v Donald (No 2) [2013] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Donald (No 2) [2013] NSWCCA 290 Hearing dates: 22 August 2013 Decision date: 22 November 2013 Before: Hidden J at [1] Latham J at [2] Adamson J at [7] Decision: The orders pronounced on 25 October 2013 are set aside and the Court makes the following orders: 1. The Crown appeal is allowed. 2. The sentence imposed on 26 April 2013 is quashed. 3. In lieu, the respondent is sentenced to 2 years imprisonment, commencing 25 October 2013, to be released on 25 October 2014 upon entering into a recognisance, self in the sum of $2000, to be of good behaviour for a period of 12 months. Catchwords: CRIMINAL LAW - practice and procedure - judgments and orders - slip rule - amendment of error in term of sentence. Legislation Cited: Crimes Act 1914 (Cth) - ss 16 and 20(1)(a) and (b) Crimes (Sentencing Procedure) Act 1999 - s 43 Cases Cited: R v Donald [2013] NSWCCA 238 Category: Principal judgment Parties: Regina - Appellant Lawson Donald - Respondent Representation: R Bromwich SC/Ms S Buchen Appellant H Dhanji SC - Respondent Commonwealth Director of Public Prosecutions - Appellant Watsons Solicitors and Barristers - Respondent File Number(s): 2012/267621 Decision under appeal Date of Decision: 2013-04-26 00:00:00 Before: Sweeney DCJ File Number(s): 2012/267621