R v Gordon [2019] NSWDC 528

R v Gordon [2019] NSWDC 528

The Court found beyond reasonable doubt that the offender struck Mr Glasson three times with a tyre iron with intent to cause grievous bodily harm. The offences were serious, involved terrifying conduct, significant vehicle damage, domestic violence intimidation and use of a weapon, but the offender's separation anxiety and mental health condition contributed materially to the offending, reducing moral culpability and the weight of general deterrence. Taking account of youth, lack of prior convictions, family support, reasonable prospects of rehabilitation, a late guilty plea, the Form 1 matters and special circumstances, an aggregate custodial sentence with a longer parole period was...

Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
The offender was convicted and sentenced to an aggregate sentence of four years and nine months imprisonment with an aggregate non-parole period of two years and nine months.
Legal Topics
['apprehended Domestic Violence Order Breach' 'domestic Violence' 'stalking or Intimidation' 'destroying or Damaging Property' 'wound With Intent' 'objective Seriousness' 'mental Health and Sentencing' 'young Adult Offender' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['apprehended Domestic Violence Order Breach' 'domestic Violence' 'stalking or Intimidation' 'destroying or Damaging Property' 'wound With Intent' 'objective Seriousness' 'mental Health and Sentencing' 'young Adult Offender' 'guilty Plea Discount' 'aggregate Sentence' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["How the wounds to Mr Timothy Glasson's forehead, nose and forearm were inflicted, and whether the offender struck him with a tyre iron with intent to cause grievous bodily harm." "Whether the offender's mental health contributed in a material way to the commission of the offences and affected objective seriousness, moral culpability and deterrence." "What sentence should be imposed having regard to the seriousness of the offending, the Form 1 matters, the s 166 certificate offence, the offender's youth, mental health, lack of prior convictions, plea of guilty and rehabilitation prospects."]

Ratio Decidendi

The Court found beyond reasonable doubt that the offender struck Mr Glasson three times with a tyre iron with intent to cause grievous bodily harm. The offences were serious, involved terrifying conduct, significant vehicle damage, domestic violence intimidation and use of a weapon, but the offender's separation anxiety and mental health condition contributed materially to the offending, reducing moral culpability and the weight of general deterrence. Taking account of youth, lack of prior convictions, family support, reasonable prospects of rehabilitation, a late guilty plea, the Form 1 matters and special circumstances, an aggregate custodial sentence with a longer parole period was...

Court Disposition

The offender was convicted and sentenced to an aggregate sentence of four years and nine months imprisonment with an aggregate non-parole period of two years and nine months.

Orders

  • ['Mr Gordon is convicted for the offences to which he pleaded guilty and to the offence on the 166 certificate.' 'On the intentionally damage property offence there is an indicative sentence of 18 months imprisonment.' 'On the intimidation offence there is an indicative sentence of 14 months imprisonment.' 'On the...