Gordon v R [2017] NSWCCA 199

Gordon v R [2017] NSWCCA 199

The medical certificate concerning the applicant's father was not admissible as new evidence because the father's serious and protracted illness was known to the applicant at the time of sentence, was not raised with his lawyer or psychologist, and the applicant did not demonstrate that the absence of such material caused a miscarriage of justice or deprived him of a fair sentencing hearing. The hardship of imprisonment by separation from his father could not be raised for the first time in the Court of Criminal Appeal on the material tendered. The sentences were not unreasonable or plainly unjust: the sentencing judge's findings on objective seriousness, the Form 1 matter, the late plea...

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Criminal Application for Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal From Sentences Imposed in the District Court of New South Wales on 27 May 2016
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['supply of Prohibited Drugs' 'application for Leave to Appeal Against Sentence' 'fresh or New Evidence on Sentence Appeal' 'compassionate Grounds' 'manifest Excess' 'special Circumstances' 'forfeiture of Proceeds of Crime']
['criminal Law' 'sentencing' 'criminal Appeals'] ['supply of Prohibited Drugs' 'application for Leave to Appeal Against Sentence' 'fresh or New Evidence on Sentence Appeal' 'compassionate Grounds' 'manifest Excess' 'special Circumstances' 'forfeiture of Proceeds of Crime']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Leave to Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal From Sentences Imposed in the District Court of New South Wales on 27 May 2016

Legal Issues

  1. 1 ["Whether the Court should admit new evidence concerning the applicant's father's terminal illness where the applicant knew of the illness before sentence but did not raise it with his legal representative or psychologist." 'Whether the absence of that evidence at sentence caused a miscarriage of justice or meant the applicant did not receive a fair sentencing hearing.' 'Whether the total effective sentence for two offences of supplying prohibited drugs was manifestly excessive.']

Ratio Decidendi

The medical certificate concerning the applicant's father was not admissible as new evidence because the father's serious and protracted illness was known to the applicant at the time of sentence, was not raised with his lawyer or psychologist, and the applicant did not demonstrate that the absence of such material caused a miscarriage of justice or deprived him of a fair sentencing hearing. The hardship of imprisonment by separation from his father could not be raised for the first time in the Court of Criminal Appeal on the material tendered. The sentences were not unreasonable or plainly unjust: the sentencing judge's findings on objective seriousness, the Form 1 matter, the late plea...

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Grant leave to appeal against sentence.' 'Appeal dismissed.']