R v Mulligan (No 2) [2016] NSWCCA 64

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Mulligan (No 2) [2016] NSWCCA 64 Hearing dates: On the papers Decision date: 22 April 2016 Before: Leeming JA; Johnson J; Harrison J Decision: Vary order 3 made on 1 April 2016 so that it reads as follows:

"3A. In lieu thereof sentence David Mulligan to a period of imprisonment of 18 months, with a non-parole period of 12 months.

3B. Pursuant to s 14A of the Criminal Appeal Act 1912 (NSW), defer specifying the commencement date of the sentence until David Mulligan appears before the Court for sentencing." Catchwords: PRACTICE AND PROCEDURE – slip rule – variation of orders and reasons in principal judgment Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 40, 254 Crimes (Sentencing Procedure) Act 1999 (NSW), s 47 Criminal Appeal Act 1912 (NSW), s 14A Cases Cited: Burrell v The Queen [2008] HCA 34; 238 CLR 218 R v Jones; R v Hili (No 2) [2010] NSWCCA 195; 79 NSWLR 143 Category: Procedural and other rulings Parties: Crown (Applicant) David Mulligan (Respondent) Representation: Counsel: N Adams (Applicant) P Skinner (Respondent)

Solicitors: Solicitor for Public Prosecutions (Applicant) Australian Criminal Law Specialists (Respondent) File Number(s): 2014/295812 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 30 October 2015 Before: Maiden DCJ File Number(s): 2014/295812