Regina v Robert Brian Gordon

The applicant's health 27 As I have already indicated there was evidence before his Honour in relation to the applicant's medical condition and his need for ongoing medical treatment. His Honour referred to the effect of that evidence in his Remarks on Sentence although, as I have earlier observed, his Honour was of the view that the applicant had, in some respects, overstated its significance. Those findings were well-open to his Honour and the challenge to that aspect of the sentencing process must fail. 28 Even if contrary to the views which I have thus far expressed, the applicant has established error then this would clearly, in the light of the extensive criminality displayed by the applicant, be a case in which the Court would nevertheless come to the conclusion that no lesser sentence would be warranted in law. See s 6(3) of the Criminal Appeal Act 1912. 29 There is other material which the applicant has provided to the Court which concerns his progress in custody since the date of sentence. It is of a character that could only be received in the event that this Court was of the opinion that error has been established and that it should proceed to resentence. I am not of the view that the Court should come to that conclusion. 30 I would propose the following orders:

2 Appeal dismissed. 31 HOWIE J: I agree. The orders of the Court are therefore as proposed by Buddin J. **********