R v Gannon

In the case of R v Gannon, the appellant appealed against the severity of his sentence, which was imposed after he pleaded guilty to robbery, interfering with a motor vehicle, and property damage. The appellant was also convicted of breaching the conditions of two separate good behaviour bonds. The appeal was heard by the Supreme Court of South Australia. The primary legal issues before the court were whether the failure to comply with the conditions of the bonds should be excused, whether special circumstances existed for reducing the period of the suspended sentence for the breaching offences, and whether there was a marked disproportion between the seriousness of the offence constituting the breach and the sentence of imprisonment activated. Additionally, the court had to determine the commencement of the disqualification of the appellant's licence under s 169B of the Road Traffic Act 1961 (SA).

The court found that while the breach of the bond in relation to the robbery was too serious to excuse, the sentencing Judge failed to consider whether special circumstances existed to reduce the period of the suspended sentence. The court held that special circumstances did exist, as the appellant had made significant changes since the sentencing which, if considered at the time, would have resulted in a reduced sentence. The appeal was allowed, the sentence was set aside, and the failure to comply with the bond with respect to the robbery was deemed too serious to excuse. However, the failure to comply with the bond with respect to the property damage was excused. The court also found that the sentencing Judge had not given adequate regard to the disproportionate sentence of each breaching offence. Consequently, the sentence was reduced, and the term of the disqualification of the appellant's licence was to commence after the appellant was released from custody.

The court ordered that the appellant's sentence be reduced to a total of three years and six months’ imprisonment, with a non-parole period of 18 months. The sentence of one month for the breach of bond entered on 8 February was to be served concurrently with the sentences imposed. The appellant was also disqualified from holding or obtaining a driver’s licence for 12 months, with the period of disqualification to commence after his release from custody. The court's decision was affirmed by Kelly J, who agreed with the reasons provided by Sulan J and the proposed orders.