R v Van Ryn (No 2) [2016] NSWCCA 160

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Van Ryn (No 2) [2016] NSWCCA 160 Hearing dates: On the papers Decision date: 10 August 2016 Before: Leeming JA; Johnson J; R A Hulme J Decision: The application by the Crown to reopen the sentencing of the respondent pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999 is refused. Catchwords: CRIMINAL LAW – procedure – Crimes (Sentencing Procedure) Act 1999 s 43 – application to reopen proceedings to correct sentencing error – where Court referred to wrong offence provision, maximum penalty and standard non-parole period when resentencing – error did not result in aggregate sentence imposed contrary to law – application refused Legislation Cited: Crimes Act 1900 (NSW) s 61M Crimes (Sentencing Procedure) Act 1999 (NSW) ss 43, 53A Cases Cited: Achurch v R [2014] HCA 10; 253 CLR 141 R v Van Ryn [2016] NSWCCA 1 Category: Principal judgment Parties: Regina (Applicant) Maurice Van Ryn (Respondent) Representation: Counsel: Ms S Dowling SC (Crown) Mr C P Heazlewood (Respondent)

Solicitors: Solicitor for Public Prosecutions David Griffiths Lawyers File Number(s): 2014/178855

Judgment 1. THE COURT: The Court gave judgment in R v Van Ryn [2016] NSWCCA 1 on 10 February 2016 (the judgment). It upheld the Crown appeal and resentenced the respondent by way of imposing an aggregate sentence pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW). 2. The Crown has recently drawn to the attention of the Court an error in the judgment which it seeks to have corrected pursuant to s 43 of the Crimes (Sentencing Procedure) Act. That provision provides power to re-open sentence proceedings to correct errors in certain identified circumstances.