Lloyd v R

Case [2017] NSWCCA 303


Court of Criminal Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Lloyd v R [2017] NSWCCA 303
Hearing dates: 13 November 2017
Decision date: 13 December 2017
Before: Payne JA at [1];
R A Hulme J at [2];
Garling J at [99]
Decision:

1. Leave to appeal against sentence granted.
2. Appeal dismissed.

Catchwords:

CRIME – sentence appeal – two offences of wounding with intent to cause grievous bodily harm – liable under joint criminal enterprise principles – affray on Form 1 – whether sentence manifestly excessive – youth – asserted errors questions of weight – no indication too much weight given to general and personal deterrence – application of s 21A(2)(ea) Crimes (Sentencing Procedure) Act 1999 when offender a juvenile – statistics and comparative cases do not demonstrate error – sentences not unreasonable or plainly unjust

  CRIME – parity – applicant and two co-offenders brothers – asserted insufficient disparity – sentencing judge specifically addressed parity – differences in age and roles in offending – applicant’s overall sentence 60% and 48% of co-offenders’ sentences – obvious and marked distinction made between co-offenders – discretionary assessment – differentiation open
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 15A, Pt 3
Crimes Act 1900 (NSW) ss 33(1), 93C(1)
Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 9, 12, 21A(2), 44(2)
Cases Cited: Afu v R [2017] NSWCCA 246
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518
Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37
Gore v R; Hunter v R [2010] NSWCCA 330; 208 A Crim R 353
Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49
Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45
Lam v R; Lam v R [2015] NSWCCA 87
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46
Lowndes v The Queen (1999) 195 CLR 665; [1999] HCA 29
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26
R v C (Court of Criminal Appeal (NSW), 12 October 1989, unrep)
Stuart v R [2016] NSWCCA 72
Tatana v R [2006] NSWCCA 398
Category:Principal judgment
Parties: Barry Lloyd (a pseudonym) (Applicant)
Regina (Respondent)
Representation:

Counsel:
Ms R Burgess (Applicant)
Mr F Veltro (Crown)

  Solicitors:
Legal Aid NSW
Solicitor for Public Prosecutions
File Number(s): 2014/296726
 Decision under appeal 
Court or tribunal:
District Court
Date of Decision:
14 October 2016
Before:
Culver DCJ

Judgment

  1. PAYNE JA: I agree with R A Hulme J.

  2. R A HULME J: Her Honour Judge Culver sentenced three brothers in the District Court at Parramatta on 14 October 2016 who had each pleaded guilty to two offences of wounding with intent to cause grievous bodily harm contrary to s 33(1)(a) of the Crimes Act 1900

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AGLC
Lloyd v R [2017] NSWCCA 303
Case
[2017] NSWCCA 303
Decision Date

CaseChat Overview and Summary

Lloyd appealed his sentence for two offences of wounding with intent to cause grievous bodily harm, which occurred during an affray. Lloyd argued that his sentence was manifestly excessive and that the sentencing judge did not properly consider the principles of parity between co-offenders. The appeal was heard in the NSW Court of Criminal Appeal.

The court examined whether Lloyd's sentence was manifestly excessive and if there was a parity issue between Lloyd and his co-offenders, who were his brothers. The court noted that Lloyd was liable under joint criminal enterprise principles and was sentenced as a juvenile, which involved the application of section 21A(2)(ea) of the Crimes (Sentencing Procedure) Act 1999. The court also considered whether the sentencing judge had given sufficient weight to the principles of general and personal deterrence.

The court held that Lloyd's sentence was not manifestly excessive as the sentencing judge had appropriately balanced the principles of general and personal deterrence. The court found that the statistics and comparative cases did not demonstrate any error in the sentencing judge's approach. In relation to parity, the court determined that the sentencing judge had specifically addressed the issue and had made an obvious and marked distinction between Lloyd and his co-offenders, taking into account their differing ages and roles in the offending. The differences in their sentences were justified, and Lloyd's sentence was 60% and 48% of his co-offenders' sentences, indicating a discretionary assessment that allowed for differentiation.

The appeal was dismissed, and the original sentences were upheld.

Orders

Orders of the court

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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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