R v Gannon

The appeal in *R v Gannon* concerned a sentence imposed on the appellant for an attempted robbery. The incident involved the appellant entering a takeaway restaurant wearing a mask, attempting to steal the cash register, and then swinging the register at the proprietor when confronted. The appellant was subject to a good behaviour bond and suspended sentence at the time of the offence. The appeal was brought before the Supreme Court of South Australia, constituted by Doyle CJ, Vanstone and Kourakis JJ.

The primary legal issue before the court was whether the sentence imposed on the appellant was manifestly excessive. The appellant argued that the sentencing judge's starting point of six years imprisonment was disproportionate to the offence, suggesting it was more akin to a completed armed robbery. Further arguments included a submission that the prosecutor had incorrectly referred to the maximum penalty for an aggravated offence, and that insufficient weight had been given to the appellant's personal circumstances and signs of rehabilitation.

The court dismissed the appeal, finding no force in the appellant's arguments. Doyle CJ noted that the offence was serious and frightening, committed by an individual with prior convictions for violence and who was already under a suspended sentence and good behaviour bond. While acknowledging that a starting point of six years was at the upper end of the available range, the court emphasised that the final sentence was within the permissible range. The court considered the discount given for the appellant's guilty plea, entered on the day of trial, to be extremely generous, particularly given the strength of the evidence and the appellant's failure to respond to a notice to admit facts. Kourakis J elaborated on sentencing principles, highlighting the importance of the statutory maximum penalty as a yardstick and the principle of consistency in treating like cases alike, while also acknowledging the inherent subjectivity and diversity of circumstances in sentencing.