Moodie v R (No 2)

[2020] NSWCCA 172

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal law
2. › Sentencing
3. › Correction of sentencing orders
1. Practice and procedure
2. › Slip rule
3. › Correction of accidental errors in orders
1. Courts and judges
2. › Inherent jurisdiction
3. › Power to correct clerical mistakes
1. Criminal law
2. › Appeal
3. › Consequential orders

Quick Take

The Court exercised its inherent power to correct an accidental slip in Order 4 of its earlier decision, amending the parole eligibility date from 17 May 2021 to 17 June 2021 to reflect the correctly calculated non-parole period of 1 year 8 months from 17 October 2019. The Court confirmed its implied or inherent power to correct such clerical mistakes of its own motion, citing R v Green and Quinn [2011] NSWCCA 71.