Citation: Moodie v R (No 2) [2020] NSWCCA 172
Court: Court of Criminal Appeal, NSW
Date: 21 July 2020
Judge(s): Bell P; Davies J; N Adams J
Background
On 15 July 2020, the Court of Criminal Appeal handed down its decision in the primary appeal, which included a resentencing order. That order set a non-parole period of 1 year and 8 months, with the sentence commencing on 17 October 2019.
However, the order contained an internal inconsistency. Although the non-parole period was stated to be 1 year and 8 months, the specified parole release date of 17 May 2021 was only 1 year and 7 months after the commencement date. The same incorrect date also appeared in the reasons for judgment.
The Court identified the discrepancy as an accidental miscalculation and moved to correct it of its own motion.
Legal Issues
- Whether the Court had power to correct an accidental error in its own order after judgment had been handed down
- Whether the incorrect parole date of 17 May 2021 could be amended to reflect the intended date of 17 June 2021
Decision
The Court confirmed that it holds an implied or inherent power to correct accidental slips and clerical mistakes in its orders. This power may be exercised of its own motion, without a party needing to bring a formal application. The Court cited its earlier decision in R v Green and Quinn [2011] NSWCCA 71 as authority for this proposition.
Applying that power, the Court found that the reference to 17 May 2021 in both the order and the reasons was plainly wrong. The correct date, consistent with a non-parole period of 1 year and 8 months from 17 October 2019, was 17 June 2021. The Court amended Order 4 accordingly.
Orders Made
- Order 4 of the orders made on 15 July 2020 was varied so that the parole release date of "17 May 2021" was amended to read "17 June 2021"
- The corrected order reads: the applicant is sentenced to imprisonment comprising a non-parole period of 1 year 8 months and a balance of term of 1 year 2 months, commencing 17 October 2019, concluding 17 August 2022, with release on parole on 17 June 2021
Key Takeaways
- The Court of Criminal Appeal confirmed it possesses an implied or inherent power to correct accidental slips and clerical mistakes in its own orders, exercisable of its own motion.
- A discrepancy between a stated non-parole period and the specific release date nominated in the same order qualifies as an accidental error amenable to correction under this power.
- Correction under the slip rule extended not only to the formal order but also to the corresponding passage in the reasons for judgment.
- No party application was required to enliven the power; the Court acted on its own initiative upon identifying the miscalculation.
- The correction did not alter the substance of the sentence; the non-parole period of 1 year and 8 months remained unchanged, with only the erroneously calculated date being rectified.
Legislation and Cases Referenced
Cases:
- R v Green and Quinn [2011] NSWCCA 71
Legislation:
- No legislation was cited in the provided text.