Gordon v R [2018] NSWCCA 54

Gordon v R [2018] NSWCCA 54

Sentencing judge erred by applying the same 'late' discount to both pleas without discriminating between their procedural histories; proper application requires separate utilitarian assessment for each plea, with a 15% discount for reckless wounding and 25% for pervert justice offence, and resentence accordingly.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced.
Legal Topics
['sentencing' 'appeals' 'plea of Guilty' 'utilitarian Discount' 'aggregate Sentencing' 'form 1 Offences' 'error in Sentencing' 'resentencing' 'special Circumstances']
['criminal Law'] ['sentencing' 'appeals' 'plea of Guilty' 'utilitarian Discount' 'aggregate Sentencing' 'form 1 Offences' 'error in Sentencing' 'resentencing' 'special Circumstances']

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Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing and applying the discount for the pleas of guilty' 'Whether utilitarian discount should be applied individually to each offence' 'Whether timing of plea and procedural history of Form 1 offences affect discount' 'Whether resentencing should consider post-sentence conduct']

Ratio Decidendi

Sentencing judge erred by applying the same 'late' discount to both pleas without discriminating between their procedural histories; proper application requires separate utilitarian assessment for each plea, with a 15% discount for reckless wounding and 25% for pervert justice offence, and resentence accordingly.

Court Disposition

Leave to appeal against sentence granted; appeal allowed; sentence quashed; applicant resentenced.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal allowed.' 'Sentence imposed in District Court on 13 December 2016 quashed.' 'Offender sentenced to aggregate term of imprisonment for 4 years and 6 months with a non-parole period of 2 years and 9 months, commencing from 18 June 2015.' 'Non-parole period expires...