Section 412 of the Criminal Procedure Act 2009 (Vic) cannot be used to amend a sentence for errors arising from events subsequent to the imposition of the sentence; it is confined to correcting defects or errors existing at the time of sentence. Section 277(3) of the Criminal Procedure Act 2009 (Vic) is broader than its predecessor s 569(1) of the Crimes Act 1958 and is not confined to charges on the same indictment. A court tipstaff who merely ushers a jury between the courtroom and jury room during deliberations is not performing the function of a jury keeper and need not be sworn under s 49 of the Juries Act 2000 (Vic). Whether s 277(3) empowers the court to increase a sentence remains an open question.
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