Robert Gattrell

The appellant appealed his sentence of imprisonment.

The majority of the Court of Appeal found that the sentencing judge erred in principle by giving insufficient weight to mitigating factors, including the appellant's age, learning disability, lack of criminal record, guilty plea, and efforts to atone.

The appeal was allowed, and the remainder of the sentence was converted into a conditional sentence.

Blair J.A. dissented, finding no error in principle by the sentencing judge.

The appellant appealed his conviction for uttering a threat to cause serious bodily harm.

The Court of Appeal dismissed the appeal, finding that it was implicit in the trial judge's reasons, having rejected the appellant's evidence, that the appellant had the requisite intent to commit the offence.