Regina v Robert Brian Gordon [2002] NSWCCA 476

Regina v Robert Brian Gordon [2002] NSWCCA 476

The sentencing judge's findings were open on the evidence, the 20% discount for guilty pleas was within the permissible discretionary range, offender classification did not provide a basis for appellate intervention, partial accumulation of sentences was open and consistent with totality, and the applicant's health had been considered. No sentencing error warranting intervention was established; in any event, no lesser sentence would have been warranted in law.

Jurisdiction
Australia
Judgment Date
11 December 2002
Procedural Posture
Application for Leave to Appeal Against Severity of Sentences / Court of Criminal Appeal
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['severity Appeal' 'drug Supply' 'firearms Offences' 'guilty Plea Discount' 'form 1 Matters' 'partial Accumulation of Sentences' 'totality' 'offender Classification' 'medical Condition in Sentencing']
['criminal Law' 'criminal Sentencing' 'criminal Appeals'] ['severity Appeal' 'drug Supply' 'firearms Offences' 'guilty Plea Discount' 'form 1 Matters' 'partial Accumulation of Sentences' 'totality' 'offender Classification' 'medical Condition in Sentencing']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentences / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in making findings of fact about the applicant's role, addiction and offending circumstances." 'Whether the sentencing judge should have applied a 25% discount rather than a 20% discount for the pleas of guilty.' "Whether the applicant's placement in maximum security affected the sentence imposed or warranted appellate intervention." 'Whether the partial accumulation of sentences miscarried, having regard to concurrency and totality.' "Whether the sentencing judge failed to give proper weight to the applicant's health and need for medical treatment." 'Whether, if error were established, no lesser sentence would be warranted in law under s 6(3) of the Criminal Appeal Act 1912.']

Ratio Decidendi

The sentencing judge's findings were open on the evidence, the 20% discount for guilty pleas was within the permissible discretionary range, offender classification did not provide a basis for appellate intervention, partial accumulation of sentences was open and consistent with totality, and the applicant's health had been considered. No sentencing error warranting intervention was established; in any event, no lesser sentence would have been warranted in law.

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

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