Gillon v Regina [2009] NSWCCA 277

Gillon v Regina [2009] NSWCCA 277

Although the sentencing judge erred by not recording reasons for departing from the standard non-parole period, the applicant did not establish material sentencing error or that a less severe sentence was warranted. The finding that the offence was mid range was open, the judge had considered the triggering conduct and lack of pre-planning, and there was no error in not finding special circumstances.

Jurisdiction
Australia
Judgment Date
26 November 2009
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['recklessly Causing Grievous Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'provocation' 'special Circumstances' 'fernando Principles']
['criminal Law' 'sentencing'] ['recklessly Causing Grievous Bodily Harm' 'standard Non Parole Period' 'objective Seriousness' 'provocation' 'special Circumstances' 'fernando Principles']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to provide reasons for departing from the standard non-parole period.' 'Whether the sentencing judge erred in assessing the objective seriousness of the offence as mid range.' 'Whether the sentencing judge erred by failing to consider whether special circumstances existed.']

Ratio Decidendi

Although the sentencing judge erred by not recording reasons for departing from the standard non-parole period, the applicant did not establish material sentencing error or that a less severe sentence was warranted. The finding that the offence was mid range was open, the judge had considered the triggering conduct and lack of pre-planning, and there was no error in not finding special circumstances.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']