GORDON v R [2009] NSWCCA 72

New South Wales Court of Criminal Appeal

CITATION: GORDON v R [2009] NSWCCA 72

HEARING DATE(S): 9 March 2009

JUDGMENT DATE: 25 March 2009

JUDGMENT OF: Grove J at 1; Blanch J at 2; Price J at 39

DECISION: Appeal against conviction dismissed. Appeal against sentence dismissed.

CATCHWORDS: CRIMINAL LAW - particular offences - offences relating to administration of justice - interference with witnesses or jurors

Crimes Act 1900 s 322(a), s 323(a) LEGISLATION CITED: Evidence Act 1995, s 76, s 76(1), s 50(3), s 77 Criminal Appeal Act 1912, s 6(1)

CATEGORY: Principal judgment

M v The Queen (1994) 181 CLR 487 Hargan v The Queen (1919) 27 CLR 13 CASES CITED : Ratten v The Queen (1974) 131 CLR 510 Whitehorn v The Queen (1983) 152 CLR 657 Weiss v The Queen (2005) 224 CLR 300

PARTIES: Daniel Tasman GORDON (Appellant) Regina (Respondent)

FILE NUMBER(S): CCA 2005/11776

COUNSEL: N Carroll (Appellant) V Lydiard (Respondent)

SOLICITORS: George Sten & Co (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/21/3277

LOWER COURT JUDICIAL OFFICER: Armitage ADCJ

LOWER COURT DATE OF DECISION: 6 September 2007

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Daniel Tasman GORDON

IN THE COURT OF CRIMINAL APPEAL

CCA 2005/11776

GROVE J BLANCH J PRICE J

25 March, 2009

Daniel Tasman GORDON v Regina

JUDGMENT

1 GROVE J: I agree with Blanch J.

2 BLANCH J: The appellant stood trial in the District Court in Sydney from 4 September, 2007 to 6 September, 2007 on an indictment containing the following count: Count 1: Threaten to cause injury or detriment to person with intent to influence witness to give false evidence or withhold true evidence or not to attend as a witness on 27 February, 2007.