R v Ly (No 2) [2014] NSWCCA 91

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Ly (No 2) [2014] NSWCCA 91 Hearing dates: On the papers Decision date: 27 May 2014 Before: Leeming JA; Hall J; Schmidt J Decision: (1) Vary the orders made on 15 May 2014 by deleting order 1, renumbering orders 2, 3 and 4 so that they become 1, 2 and 3, replacing the word "on" by "with effect from" in order 3 (renumbered as order 2), and deleting the words "with a balance of term of 3 years 6 months to expire on 1 November 2020" from order 4 (renumbered as order 3). (2) Delete the words "and a finding of special circumstances so as to vary the statutory ratio" and "with a balance of term of 3 years 6 months" in [144] of the reasons published on 15 May 2014. Catchwords: PRACTICE AND PROCEDURE - slip rule - variation of orders and reasons in principal judgment Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5D Criminal Appeal Rules (NSW), r 50C Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Cases Cited: Burrell v The Queen [2008] HCA 34; 238 CLR 218 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 R v Jones; R v Hili (No 2) [2010] NSWCCA 195; 79 NSWLR 143 Category: Procedural and other rulings Parties: Regina (Appellant) Christina My Phung Ly (Respondent) Representation: Counsel: R Bromwich SC / P McGuire (Appellant) P Lange (Respondent) Solicitors: Commonwealth Director of Public Prosecutions (Appellant) Aquila Lawyers (Respondent) File Number(s): 2010/295928 Decision under appeal Date of Decision: 2013-03-06 00:00:00 Before: Acting Judge Andrew File Number(s): 2010/295928