GREALISH, Peter v R (No 2) [2014] NSWCCA 38

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: GREALISH, Peter v R (No 2) [2014] NSWCCA 38 Hearing dates: 6 December 2013 Decision date: 28 March 2014 Before: Leeming JA; Adams J; Hall J Decision: Judgment as originally published to be amended by replacing the words "two months" in [75] by the words "one month" Catchwords: PRACTICE AND PROCEDURE - amendment of orders in principal judgment Grealish v R [2013] NSWCCA 336 Legislation Cited: Crimes Act 1900, s 178BB(1) Police Integrity Commission Act 1996, s 107 Cases Cited: R v Jones; R v Hili (No 2) [2010] NSWCCA 195; 79 NSWLR 143 Category: Procedural and other rulings Parties: Peter Grealish (Applicant) Regina (Crown) Representation: Counsel: D Stewart (Applicant) J Girdham SC (Crown) Solicitors: Shiranica Danieli Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/209082 Decision under appeal Date of Decision: 2013-04-26 00:00:00 Before: Solomon DCJ File Number(s): 2010/209082

Judgment 1THE COURT: On 20 December 2013, this Court allowed an appeal, quashed the sentence imposed by the District Court and resentenced the offender in respect of an offence under s 107 of the Police Integrity Commission Act 1996 (NSW) to a term of imprisonment comprising a non-parole period of 8 months commencing on 26 May 2013 and expiring on 25 January 2014, with a balance of term of 10 months to expire on 25 November 2014. In respect of offences committed pursuant to s 178BB(1) of the Crimes Act 1900 (NSW), this Court imposed an aggregate sentence of 3 months, commencing on 26 April 2013 and expiring on 25 July 2013. It will be seen that those orders reflected a partial accumulation of one month. 2There is a disconformity between this Court's orders and its reasons. Paragraph 75 dealt with accumulation and stated that the sentence under s 107 should be accumulated upon the sentence imposed for the s 178BB offences "by a period of two months to give effect to the principle of totality". The reference to "two months" was erroneous. The intention of all members of the Court was reflected in the orders, which reflected an accumulation of one month, with the consequence that the non-parole period expired on 25 January 2014, rather than 25 December 2014. 3The reasons of the Court at [75] involve a slip. There is no change to the substance of the reasons. This Court has power to alter its reasons: R v Jones; R v Hili (No 2) [2010] NSWCCA 195; 79 NSWLR 143, including where, as here, there has been a slip and the Court's intention reflected in its orders is not manifested in the reasons. 4Accordingly, the reasons for judgment as originally published will be amended by replacing the words "two months" in [75] by the words "one month".