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ARTICLE · 04 JULY 2023

Suspicious amendment of criminal law judgment results in successful appeal

The sentencing judge failed to take into account the early guilty plea and did not record any sentencing discount.

AustraliaLitigation, Mediation & Arbitration

A recent decision by the New South Wales Court of Criminal Appeal has raised eyebrows over the finding that official court records relating to a  sentencing hearing were amended well after the case had been finalised to suggest the presiding judge had taken into account the defendant's early plea of guilty, when in fact it appears he had done no such thing.

The judgment has shaken the NSW legal profession  – with some speculating the subsequent amendments were made to cover-up the judge's failure to provide the defendant with a  sentencing discount for his early guilty plea.

The Case

The case in question is  Borri v R [2023] NSWCCA 166, for which the judgment was published on Friday, 30 June 2023.

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