Channon, Gordon v The Queen [1978] FCA 35

Channon, Gordon v The Queen [1978] FCA 35

There was insufficient evidentiary basis for a finding that the appellant's perceived psychiatric abnormality would benefit from a substantial term of imprisonment with psychiatric treatment. Consequently, the trial judge erred in permitting psychiatric treatment to operate as an adverse factor supporting the sentence imposed. The appropriate sentence for the offence, considering its circumstances and the appellant's antecedents, is imprisonment with hard labour for two years, with a non-parole period of nine months, and a request for psychiatric assessment and treatment to be made available.

Parties
Appellant: Gordon Channon; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
25 May 1978
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Arson, Sentencing, Psychiatric Treatment in Sentencing, Indictment Particulars
Criminal Law Arson Sentencing Psychiatric Treatment in Sentencing Indictment Particulars

Case Brief

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Parties

Gordon Channon

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial judge erred in taking into account psychiatric treatment in sentencing
  2. 2 Whether there was sufficient evidentiary basis for psychiatric treatment affecting sentence
  3. 3 Adequacy of indictment particulars under s.83

Ratio Decidendi

There was insufficient evidentiary basis for a finding that the appellant's perceived psychiatric abnormality would benefit from a substantial term of imprisonment with psychiatric treatment. Consequently, the trial judge erred in permitting psychiatric treatment to operate as an adverse factor supporting the sentence imposed. The appropriate sentence for the offence, considering its circumstances and the appellant's antecedents, is imprisonment with hard labour for two years, with a non-parole period of nine months, and a request for psychiatric assessment and treatment to be made available.

Court Disposition

appeal allowed

Orders

  • Sentence varied: imprisonment with hard labour for two years; non-parole period fixed at nine months.
  • Authorities requested to make available psychiatric assessment and treatment to the appellant.