R v Gordon (No 8) [2017] NSWSC 574

Supreme Court New South Wales

Medium Neutral Citation: R v Gordon (No 8) [2017] NSWSC 574 Hearing dates: 21 April 2017 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: The offender is sentenced to a term of imprisonment of 10 years, having a non-parole period of 6 years and 6 months commencing on 7 November 2013 and expiring on 6 May 2020 with an additional term of 3 years and 6 months commencing on 7 May 2020 and expiring on 6 November 2023. The offender will first be eligible for release on parole on the expiration of the non-parole period on 6 May 2020. Catchwords: CRIMINAL LAW – sentence – offender charged with murder – offender convicted by jury of manslaughter – where the evidence is purely circumstantial – where the victim died from blunt force trauma to the head – where the offender and victim were grossly intoxicated – where a central issue of fact is the use of a motor vehicle and/or a boulder as a weapon – finding that the offender intentionally reversed the vehicle over the victim – whether the categorisation of manslaughter has any bearing on objective seriousness – held to be manslaughter by unlawful and dangerous act – finding of special circumstances Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Baden-Clay (2016) 334 ALR 234 R v Bouggas [2015] NSWSC 914 Cheung v The Queen (2001) 209 CLR 1 The Queen v Hillier (2007) 338 CLR 618 R v Isaacs (1997) 41 NSWLR 374 Markarian v The Queen (2005) 228 CLR 357 Muldrock v The Queen (2011) 244 CLR 120 Munda v Western Australia (2013) 249 CLR 600 Category: Sentence Parties: Regina (Crown) Donald Neil Gordon (Accused) Representation: Counsel: B G Campbell (Crown); J P Watts (Accused)