SUPREME COURT OF QUEENSLAND
CITATION:
R v Gordon [2011] QCA 326
PARTIES:
R
v
GORDON, Alister Pentana
(applicant)FILE NO/S:
CA No 114 of 2011
DC No 39 of 2011
DC No 142 of 2011
DC No 152 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
18 November 2011
DELIVERED AT:
Brisbane
HEARING DATE:
29 September 2011
JUDGES:
Margaret McMurdo P and Fryberg and McMeekin JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to appeal against sentence granted.
2. Appeal allowed.
3. Set aside the sentence of five years imprisonment imposed on each count of armed robbery and the parole eligibility date set at 12 May 2012. Instead, substitute on each count of armed robbery a sentence of four years imprisonment and set the parole eligibility at 18 November 2011.
4. The sentence is otherwise confirmed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty to one count of robbery in company with personal violence, two counts of armed robbery and further summary offences – where the applicant was sentenced to five years imprisonment for each count of armed robbery with lesser terms of imprisonment to be served concurrently for the remaining offences – where the applicant was 17 when he committed the offences and at sentence – where the applicant argued that the sentencing judge erred in not sufficiently taking into account mitigating factors and in wrongly considering there was an increasing prevalence of armed robbery in the Gold Coast area – whether the sentencing judge sentenced the applicant on the basis of an increasing prevalence of armed robbery in the Gold Coast area – whether the sentencing judge erred – whether the sentence was manifestly excessive
Penalties and Sentences Act 1992 (Qld), s 9(2)(a), s 9(3), s 9(4)
R v Abraham, unreported, District Court at Southport, Wall DCJ, 29 April 2011, considered
R v Bird and Schipper (2000) 110 A Crim R 394; [2000] QCA 94, cited
R v Kynaston [2005] QCA 322, cited
R v Lawley [2007] QCA 243, cited
R v Lovell [1999] 2 Qd R 79; [1998] QCA 36, considered
R v Loveridge [2011] QCA 32, cited
R v Lui [2009] QCA 366, distinguished
R v Moss [1999] QCA 426, affirmed
R v Mules [2007] QCA 47, considered
R v Parker [1993] QCA 116, cited
R v Sharkey; ex parte A-G (Qld) (2009) 195 A Crim R 237; [2009] QCA 118, cited
R v Tuki [2004] QCA 482, citedCOUNSEL:
C F C Wilson for the applicant
R G Martin SC for the respondentSOLICITORS:
Buckland Allen Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, Alister Pentana Gordon, pleaded guilty on 12…
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- AGLC
- R v Gordon [2011] QCA 326
- Case
- [2011] QCA 326
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentencing judge had erred in his assessment of the mitigating factors and the prevalence of armed robberies in the Gold Coast area. The court had to examine whether the sentence was manifestly excessive or inadequate, considering the totality of the circumstances and the principles of sentencing as outlined in relevant legislation and case law. The applicant argued that the sentencing judge had placed undue emphasis on the prevalence of armed robberies, which was not a relevant consideration in determining the individual culpability of the applicant.
The court found that the sentencing judge had indeed erred in considering the prevalence of armed robberies in the Gold Coast area, as this was not a proper factor for determining the sentence in this case. The court held that the sentence of five years imprisonment for each count of armed robbery was manifestly excessive given the mitigating factors present in the applicant's case, including his age at the time of the offences and his guilty plea. Consequently, the court allowed the appeal and reduced the sentence to four years imprisonment for each count of armed robbery, with parole eligibility set at 18 November 2011.
In light of the findings, the court granted leave to appeal against the sentence, allowed the appeal, set aside the original sentence, and substituted it with a sentence of four years imprisonment for each count of armed robbery, with parole eligibility at 18 November 2011. The sentences for the remaining offences were confirmed as previously imposed.
Orders
Orders of the court
1. Application for leave to appeal against sentence granted.
2. Appeal allowed.
3. Set aside the sentence of five years imprisonment imposed on each count of armed robbery and the parole eligibility date set at 12 May 2012. Instead, substitute on each count of armed robbery a sentence of four years imprisonment and set the parole eligibility at 18 November 2011.
4. The sentence is otherwise confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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