Grabovac v R (No 2) [2018] NSWCCA 120

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Grabovac v R (No 2) [2018] NSWCCA 120 Hearing dates: On the papers Date of orders: 13 June 2018 Decision date: 13 June 2018 Before: Bathurst CJ; Schmidt J; Hamill J Decision: 1. Order 4 made on 28 May 2018 is set aside; and 2. Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, with the result that he will first become eligible for parole on 23 February 2023. Catchwords: PRACTICE AND PROCEDURE – slip rule – variation of orders Cases Cited: Grabovac v R [2018] NSWCCA 100 Category: Principal judgment Parties: Frano Grabovac (Appellant) Regina (Crown) Representation: Counsel: M Johnston SC (Appellant) B Hatfield (Crown)

Solicitors: Fay Rose Legal (Appellant) Solicitor for Director of Public Prosecutions (Crown) File Number(s): 2014/342118 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Citation: -- Date of Decision: 07 September 2016 Before: Sides QC DCJ File Number(s): 2014/325121 2014/342118

Judgment 1. In Grabovac v R [2018] NSWCCA 100, Mr Grabovac was resentenced to a non-parole period of 6 years, 9 months commencing on 21 June 2016 and a total sentence of 10 years, 6 months, expiring on 20 December 2026, making him first eligible for parole on 20 March 2023. 2. The parties are agreed that there was an error made in the order, Mr Grabovac's sentence in the District Court, initially indicated to commence on 21 June 2016, having finally been ordered to commence on 24 May 2016, after taking into account certain pre-sentence custody. In the result, the Court is asked to correct its order, to reflect that date. 3. There is no issue as to the Court's power to make the correction to the order which the parties have agreed, in the circumstances which have arisen. We are satisfied both that there was an error in the order and that justice demands that it now be corrected. 4. Accordingly we order that: 1. Order 4 made on 28 May 2018 is set aside; and 2. Mr Grabovac is sentenced to a total term of imprisonment of 10 years, 6 months, commencing on 24 May 2016, with a non-parole period of 6 years, 9 months, with the result that he will first become eligible for parole on 23 February 2023.