Gordon v Tasmania

Gordon appealed against a sentence imposed by the Supreme Court of Tasmania. The appellant had been convicted of wounding and two counts of assault. The wounding involved inflicting a thin laceration to her mother's throat. The appellant suffered from mental disorders that required treatment. The sentence comprised two years' imprisonment with no parole eligibility and, upon release, a 12-month community correction order.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the imposed sentence was manifestly excessive. This question arose in the context of specific legislative provisions that prevented courts from ordering parole eligibility where a sentence of two years' imprisonment or less was imposed concurrently with a community correction order.

The Court reasoned that a head sentence of two years' imprisonment, in isolation, was not manifestly excessive given the nature of the offences. However, the legislative constraint, which effectively mandated that the entire two-year term be served without the possibility of parole, coupled with the subsequent community correction order, meant that the appellant was denied any immediate relief from serving the full custodial term. This failure to provide a degree of relief from the obligation to immediately serve the whole term rendered the sentence manifestly excessive.

The Full Court allowed the appeal, quashed the original sentence, and resentenced the appellant to two years' imprisonment, suspended after 12 months, with a 12-month community correction order.