Section 372 — Crimes Act 1961: Correction of erroneous sentence

372 Correction of erroneous sentence (1) If any sentence is one that could not by law be passed, or if the Judge does not pass a sentence that is required by law to be passed, either party may apply to the Judge to pass a proper sentence. (2) If the Judge who passed the sentence is not available, an application under this section may be made to any other Judge. (3) If the Judge considers that the sentence is one that could not by law be passed, or that a sentence required by law to be passed has not been passed, he may pass such sentence as ought to have been passed. (4) Any Judge to whom an application is made under this section may by order remove the application into the Court of Appeal, which may deal with it as if it were an appeal on a question of law reserved under section 380 of this Act. (5) If the Judge to whom an application is made under this section passes a new sentence, the time for appeal against conviction or sentence or both shall run from the date of the new sentence. (6) In this section, the term sentence includes an order, and references to the passing of a sentence include references to the making of an order. Compare: 1908 No 32 s 443(6); 1920 No 15 s 3 Subsection (4) was amended, as from 1 May 1981, by section 12 Crimes Amendment Act (No 2) 1980 (1980 No 85) by substituting the words “ under section 380 of this Act ” for the words “ by the High Court ” .