Wickey v R (No 2)

[2012] ACTCA 51

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Court of Appeal
3. › Correction of orders
4. › Slip rule
5. › Error in sentence commencement date
6. › Whether error constituted accidental slip or omission
7. › Court Procedures Rules 2006 (ACT), r 6906
1. Appeal
2. › Court of Appeal
3. › Jurisdiction of single judge
4. › Whether single judge may correct mistake of Full Court
5. › Supreme Court Act 1933 (ACT), s 37J
1. Criminal Law
2. › Sentencing
3. › Pre-sentence custody
4. › Backdating of sentence
5. › Error in commencement date
6. › Crimes (Sentencing) Act 2005 (ACT), s 63
1. Practice and Procedure
2. › Slip rule
3. › Test for 'mistake'
4. › Whether correction alters substance of order
5. › Applicability to criminal proceedings
6. › Court Procedures Rules 2006 (ACT), r 6906

Quick Take

The slip rule under r 6906 of the Court Procedures Rules 2006 (ACT) applies to criminal proceedings in the Court of Appeal, and a single judge may exercise the power to correct errors in orders of the Full Court. A sentence is an 'order' for the purposes of the rule. An error in a sentence commencement date that results from an accidental slip, rather than a deliberate decision, may be corrected under the rule without altering the substance of the order.