R v Gordon (No 8) [2017] NSWSC 574

R v Gordon (No 8) [2017] NSWSC 574

The offender was found guilty of manslaughter by intentionally reversing a vehicle over the victim while grossly intoxicated, thereby applying force without consent and exposing the victim to an appreciable risk of serious injury; all injuries, including the fatal skull fracture, were found to result from this act, and the seriousness assessed accordingly. The sentence imposed reflects the seriousness of the unlawful taking of life, the offender's prior record, need for both general and specific deterrence, as well as his health and prospects for rehabilitation.

Parties
Prosecution: Regina (Crown); Accused: Donald Neil Gordon
Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Criminal / Sentencing After Trial by Jury
Outcome
Offender sentenced to imprisonment for 10 years with non-parole period of 6 years and 6 months, finding of special circumstances.
Legal Topics
Manslaughter, Sentencing, Objective Seriousness, Intoxication, Unlawful and Dangerous Act, Criminal Negligence
Criminal Law Manslaughter Sentencing Objective Seriousness Intoxication Unlawful and Dangerous Act Criminal Negligence

Case Brief

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Parties

Regina (Crown)

Prosecution

Donald Neil Gordon

Accused

Procedural Posture

Criminal / Sentencing After Trial by Jury

Legal Issues

  1. 1 Whether the offender committed manslaughter by unlawful and dangerous act or by criminal negligence
  2. 2 Objective seriousness of the offence
  3. 3 Appropriate sentence given culpability, mitigating, and aggravating circumstances

Ratio Decidendi

The offender was found guilty of manslaughter by intentionally reversing a vehicle over the victim while grossly intoxicated, thereby applying force without consent and exposing the victim to an appreciable risk of serious injury; all injuries, including the fatal skull fracture, were found to result from this act, and the seriousness assessed accordingly. The sentence imposed reflects the seriousness of the unlawful taking of life, the offender's prior record, need for both general and specific deterrence, as well as his health and prospects for rehabilitation.

Court Disposition

Offender sentenced to imprisonment for 10 years with non-parole period of 6 years and 6 months, finding of special circumstances.

Orders

  • The offender is sentenced to 10 years imprisonment.
  • Non-parole period of 6 years and 6 months from 7 November 2013 to 6 May 2020.