Mr Gordon, was jailed for three years and four months last October for smothering his wife with a pillow at their home in Ayrshire. Lord Brodie and Lord Turnbull overturned that decision. Mr Gordon was admonished for the murder and the judges stated they would explain their reasoning in writing to the public.
At the Trial in October 2016 the Court was told that Mr Gordon acted in an act of love after his wife, Patricia, was suffering with an incurable cancer. The Court was told by the couple’s daughter when she testified in favour of her father that her parents had made a death pact and that Mr Gordon had a fear of hospitals and was terrified of being admitted and dying there. Gordon’s actions were accepted by all of his family as an act of love.
His excellent character was pointed out at the Appeal court as well as his dedication to his wife for 43 years. Lord Brodie told the Court of Criminal Appeal in Edinburgh: ” having listened to what was said by the Dean of Faculty we agree this is indeed an exceptional case.” The appellants defence counsel stated “There is absolutely no reason why this man should be in jail and certainly not for any longer,” as it was taking him away from his family and making the grieving process more difficult.