Gordon v R [2017] NSWCCA 199

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gordon v R [2017] NSWCCA 199 Hearing dates: 9 August 2017 Decision date: 23 August 2017 Before: Gleeson JA at [1] Harrison J at [58] Button J at [59] Decision: (1) Grant leave to appeal against sentence.

(2) Appeal dismissed. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – late plea of guilty to two offences of supplying prohibited drugs – where total effective sentence of 2 years, 8 months with non-parole period of 1 year, 10 months – where applicant sought to tender new evidence to establish father's terminal illness – where applicant was aware of father's illness before sentence but did not raise the matter with his legal representative or in evidence – where no complaint of incompetent legal representation – whether Court should exercise discretion to admit new evidence – whether miscarriage of justice – whether sentence imposed was manifestly excessive. Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW), s 18 Crimes Act 1900 (NSW), s 193C(1) Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules Drug Misuse and Trafficking Act 1985, s 25(1) Supreme Court Act 1970 (NSW), s 75A Cases Cited: Bonett v R [2013] NSWCCA 234 Cornwell v R [2015] NSWCA 269 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Goodwin v R (1990) 51 A Crim R 328 House v The King (1936) 55 CLR 499; [1936] HCA 40 Hughes v R [2015] NSWCCA 330 Kanaan v R [2006] NSWCCA 109 Khoury v R [2011] NSWCCA 118 Lawless v The Queen (1979) 142 CLR 659; [1979] HCA 49 Luu v R [2008] NSWCCA 285 R v Fordham (1997) 98 A Crim A 359 R v Jones [2002] NSWCCA 494 R v Maslen and Shaw (1995) 79 A Crim R 199 R v Smith (1987) 44 SASR 587 Turkmani v R [2014] NSWCCA 186 Vaiusu v R [2017] NSWCCA 71 Zreika v R (2012) A Crim R 460; [2012] NSWCCA 44 Category: Sentence Parties: Blake Anthony Gordon (Applicant) Regina (Respondent) Representation: Counsel: Applicant (Self-represented) M Cinque SC (Respondent)