NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: REGINA v Stephen Andrew GORDON [2004] NSWCCA 45
FILE NUMBER(S):
60404/03
HEARING DATE(S): 5/3/04
JUDGMENT DATE: 11/05/2004
PARTIES:
Stephen Andrew GORDON (Appellant)
Regina (Respondent)
JUDGMENT OF: Simpson J Kirby J Bell J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/21/1159
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
COUNSEL:
Ms E Wilkins (Crown)
Ms A Francis (Appellant)
SOLICITORS:
S Kavanagh
S O'Connor (Appellant)
CATCHWORDS:
LEGISLATION CITED:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Appeal Act 1912
Evidence Act 1995
DECISION:
Dismiss the appeal against conviction
Grant leave to appeal against the severity of sentence
Dismiss the appeal against sentence
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60404/03
SIMPSON J
KIRBY J
BELL JTuesday 11 May 2004
REGINA v Stephen Andrew GORDON
Judgment
SIMPSON J: I agree with Bell J.
KIRBY J: I agree with Bell J.
BELL J: On 23 September 2002 the appellant was arraigned before his Honour Judge J X Gibson QC (the Judge) on an indictment that charged him with two counts of robbery while armed with a dangerous weapon contrary to s 97(2) of the Crimes Act 1900 (NSW). Each count related to an incident that took place at the Windsor branch of the Westpac Bank on 20 September 2001. Count one charged the appellant with the armed robbery of a teller named Renee Andrews. Count two charged the appellant with the robbery of a second teller, Margot Shore. The appellant pleaded that he was not guilty of each count and stood trial. The jury returned verdicts of guilty in respect of each count on 25 September 2002.
The maximum penalty for an offence under s 97(2) is imprisonment for a term of 25 years. On 22 November 2002 the appellant was sentenced to imprisonment for a term of eight years in respect of each offence. The sentences were directed to commence on 22 November 2004. A non-parole period of three years was specified. The sentences were accumulated on sentences for other offences to which the appellant pleaded guilty.
The appellant appeals against his conviction and seeks leave to appeal against the severity of the sentences imposed on him.
The facts
At about 3:55 pm on 20 September 2001 a man entered the Westpac Bank in George Street, Windsor holding a shortened firearm in one hand and a bag in the other hand. He instructed customers to lie on the floor. He approached the counter, shouting, “Hoy” to the teller, Renee Andrews. He pointed the firearm at her head and ordered her to put twenty and fifty dollar notes from her cash drawer into a small backpack, which he handed to her.
Margot Shore, another teller, was standing to the left of Ms Andrews. She observed the robber and the gun. The robber ordered Ms Shore to put cash from her cash drawer into the bag that he had given to Ms Andrews. She did as she was instructed. Ms Andrews placed…
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- R v Gordon [2004] NSWCCA 45
- Case
- [2004] NSWCCA 45
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CaseChat Overview and Summary
The primary legal issues before the court were whether the identification evidence was admissible and whether it was sufficient to support the appellant's conviction beyond reasonable doubt. The court had to determine the weight to be given to the identification evidence, which included descriptions from bank staff and customers, and the circumstantial evidence of the matching Asics running shoes found during the search of the appellant's premises. The court also needed to consider the reliability of the bank security camera photographs, which, while not definitive, were suggestive of the appellant's involvement.
The court found that the cumulative effect of the identification evidence and the circumstantial evidence of the matching shoes was sufficient to satisfy the prosecution's burden of proof. The court noted that while the bank security camera photographs were not clear enough to conclusively identify the appellant, they did not exclude him as the robber. The court further held that the descriptions provided by the bank staff and customers, particularly the distinctive features such as the Asics running shoes, were reliable and corroborated each other. Therefore, the court was satisfied that the identification evidence, when considered with the other evidence, was sufficient to support the conviction. The appeal against the conviction was dismissed.
The court also considered the appellant's appeal against the severity of the sentences imposed. The court held that while the sentences were severe, they were within the range appropriate for the gravity of the offences committed. The court noted the appellant's previous criminal history and the seriousness of the robbery, which involved the use of a firearm and caused significant distress to the bank staff and customers. The appeal against the severity of the sentences was also dismissed.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SIMPSON J
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