Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Goldberg v R (No 2) [2018] NSWCCA 119 Hearing dates: On the papers Date of orders: 28 May 2018 Decision date: 08 June 2018 Before: Hoeben CJ at CL; White JA; Fullerton J Decision: 1. Set aside order 3 made on 28 May 2018 and make the following order: Quash the sentence imposed by Blackmore DCJ on 9 March 2017 and, in lieu thereof, impose an aggregate sentence of imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months commencing on 5 November 2015 and expiring on 4 March 2022 with a balance of term of 2 years and 2 months expiring on 4 May 2024. Catchwords: PRACTICE AND PROCEDURE – slip rule – variation of orders Legislation Cited: Criminal Appeal Rules (NSW), s 50C(3) Cases Cited: Goldberg v R [2018] NSWCCA 99 Category: Consequential orders (other than Costs) Parties: John Goldberg (Applicant) The Crown (Respondent) File Number(s): 2016/51338 Decision under appeal Court or tribunal: District Court Date of Decision: 9 March 2017 Before: Blackmore DCJ File Number(s): 2016/51338 Judgment 1. THE COURT: On 28 May 2018, in the disposition of an appeal by the applicant against the severity of his sentence (Goldberg v R [2018] NSWCCA 99), the Court made the following orders: 1. Leave to appeal granted. 2. The appeal is allowed. 3. Quash the sentence imposed by Blackmore DCJ on 9 March 2017 and, in lieu thereof, impose an aggregate sentence of imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months commencing on 5 November 2015 and expiring on 4 March 2022 with a balance of term of 2 years and 1 month expiring on 4 April 2024. 1. On 29 May 2018 the Registrar of the Court of Criminal Appeal alerted the Court (comprised of Hoeben CJ at CL, White JA and Fullerton J) to a potential error in order 3 above in that either the total term should have been appointed as 8 years and 5 months to conform with a balance of term of 2 years and 1 month after specification of a non-parole period of 6 years and 4 months, or on the total term of 8 years and 6 months with a non-parole period of 6 years and 4 months, the balance of term has been wrongly specified as 2 years and 1 month expiring on 4 April 2024, when it should have been specified as 2 years and 2 months, expiring on 4 May 2024. 2. Having regard to [127] of the judgment and the clear intention to impose an aggregate sentence of 8 years and 6 months comprised of a non-parole period of 6 years and 4 months, there is an arithmetical error in the calculation of the balance of term. Instead of appointing the balance of term of 2 years and 2 months, a term of 2 years and 1 month has been specified; an error which has been translated, uncorrected, into the orders of the Court. 3. In exercise of the power in s 50C(3) of the Criminal Appeal Rules (NSW), the Court makes the following orders: 1. Set aside order 3 made on 28 May 2018 and make the following order. Quash the sentence imposed by Blackmore DCJ on 9 March 2017 and, in lieu thereof, impose an aggregate sentence of imprisonment for 8 years and 6 months with a non-parole period of 6 years and 4 months commencing on 5 November 2015 and expiring on 4 March 2022 with a balance of term of 2 years and 2 months expiring on 4 May 2024. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 June 2018