R v Gammon

This matter concerned an appeal against sentence brought by the applicant, R, against the decision of the District Court. The applicant had been convicted of unlawful sexual intercourse with a girl under the age of 16.

The primary legal issue before the Full Court of the Supreme Court of South Australia was whether fresh evidence, which had become available after the applicant's sentencing, warranted a reduction of that sentence. The applicant sought to rely on evidence concerning his subsequent rehabilitation and remorse.

The Court acknowledged that fresh evidence could be considered on an appeal against sentence, particularly where it demonstrated a significant change in the offender's circumstances or attitude since the original sentencing. However, the Court emphasised that such evidence must be weighed against the gravity of the original offence and the need for general deterrence. In this instance, while the Court accepted that the applicant had shown some remorse and had taken steps towards rehabilitation, it found that these factors did not sufficiently mitigate the seriousness of the offence or outweigh the public interest in upholding community standards regarding sexual offences against children.

Consequently, the appeal against sentence was dismissed.