R v Gordon [2024] NSWDC 519

R v Gordon [2024] NSWDC 519

A term of imprisonment of 2 years and 6 months, with a non-parole period of 1 year and 6 months, is appropriate and proportionate to the objective seriousness of the possession offences, the antecedent record, the aggravating factor of breaching parole and community orders, but is moderated by the Offender's early plea, deprived background, mental health conditions and hardship in custody; no action is to be taken on breaches of Community Correction Orders. Recommendations for rehabilitation and supervision are appropriate in view of guarded but existent prospects for rehabilitation.

Parties
Crown: Rex; Offender: Kane Gordon
Jurisdiction
Australia
Judgment Date
04 October 2024
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted; term of imprisonment imposed; non-parole period set; recommendations for rehabilitation and supervision; no further action taken for previous breaches of orders.
Legal Topics
Firearms Offences, Sentencing, Objective Seriousness, Mitigating and Aggravating Factors, Parole Eligibility, Mental Health, Antecedent Record
Criminal Law Firearms Offences Sentencing Objective Seriousness Mitigating and Aggravating Factors Parole Eligibility Mental Health Antecedent Record

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Rex

Crown

Kane Gordon

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for possession of shortened firearms under s 62(1)(b) of the Firearms Act 1996 (NSW)
  2. 2 Impact of antecedent record and ongoing parole on sentence
  3. 3 Effect of mental health and background on moral culpability and sentence

Ratio Decidendi

A term of imprisonment of 2 years and 6 months, with a non-parole period of 1 year and 6 months, is appropriate and proportionate to the objective seriousness of the possession offences, the antecedent record, the aggravating factor of breaching parole and community orders, but is moderated by the Offender's early plea, deprived background, mental health conditions and hardship in custody; no action is to be taken on breaches of Community Correction Orders. Recommendations for rehabilitation and supervision are appropriate in view of guarded but existent prospects for rehabilitation.

Court Disposition

Offender convicted; term of imprisonment imposed; non-parole period set; recommendations for rehabilitation and supervision; no further action taken for previous breaches of orders.

Orders

  • The Offender is convicted.
  • No action be taken for the breaches of the Community Corrections Orders.