R v Lloyd - [2023] NSWDC 617

District Court

New South Wales

Medium Neutral Citation: R v Lloyd [2023] NSWDC 617
Hearing dates: 29/9/23
Date of orders: 29/9/23
Decision date: 29 September 2023
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
Convicted and sentenced to a term of imprisonment of 3 years 2 months with a NPP of 1 year 8 months (25/2/23-24/10/24). I find special circumstances.
The matters on the Form 1 have been taken into account.
A 25 percent discount has been taken into account.

Catchwords:
Crime – Sentence – Aggravated robbery

Legislation Cited:
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Pawnbrokers and Second Hand Dealers Act 1996

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002
BP v R [2010] NSWCCA 159
Bugmy v The Queen (2012) 249 CLR 571
Hoskins v R [2021] NSWCCA 169
Porter v R [2019] NSWCCA 117
R v Henry and Others [1999] 106 A Crim R 149
R v Millwood [2012] NSWCCA 2

Category: Sentence
Parties: NSW DPP – Crown
Shayden Lloyd - Offender
Representation: Mr Kanakaratne for Crown
Mr Stewart for Offender

File Number(s): 22/287349

sentence – ex tempore revised

Mr Shayden Lloyd is for sentence in relation to an offence of aggravated robbery under s 95(1) of the Crimes Act 1900, the circumstance of aggravation being the use of corporal violence. The maximum penalty for that offence is 20 years imprisonment. In sentencing him for that offence he asks that I take into account two offences which are on a Form 1 document, being an offence of disposing of property which had before then been stolen which itself ordinarily would attract a maximum penalty of ten years imprisonment, and a further offence of furnishing false information that being an offence under the Pawnbrokers and Second Hand Dealers Act 1996 which carries a fine only. The maximum penalty of course is an important guidepost in the sentencing exercise to which I have had regard.
The offender pleaded guilty at an early opportunity and I intend to allow a discount of 25% on account of the utilitarian value of that plea.

FACTS

Facts are agreed and in essence are as follows:
The victim of the robbery was a 27 year old woman who was at the time 20 weeks pregnant. She owned a 9 carat gold and diamond bracelet which was valued at about $15,000 which she had decided to sell.
On 5 September 2022 the victim advertised the bracelet on Facebook Marketplace using her father’s Facebook account with an asking price of $15,000. The offender responded to the advertisement using the name Bailey Boscel saying that he was interested in buying the bracelet and the arrangement was then made for them to meet up.
On 8 September 2022 at about 5pm the victim met with the offender in a shopping complex at Claremont Meadows. She showed the bracelet, which was inside a jewellery box, to the offender. The offender then tried to snatch the item from…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lloyd

Details

AGLC: R v Lloyd [2023] NSWDC 617
Case: [2023] NSWDC 617
Decision Date: 29 September 2023

CaseChat Overview and Summary

Lloyd was convicted of aggravated robbery and sentenced by the Court of Appeal to a term of imprisonment of 3 years 2 months, with a non-parole period of 1 year 8 months, effective from 25 February 2023 until 24 October 2024. The court found special circumstances in the case and considered the matters detailed on the Form 1. Additionally, a 25 percent discount was applied to the sentence.

The primary legal issue before the court was the determination of an appropriate sentence for Lloyd's crime of aggravated robbery, taking into account the special circumstances and the need for an effective punishment and deterrence. The court had to balance the severity of the crime with the factors that could mitigate the sentence.

In assessing the sentence, the court thoroughly examined the nature of the offence, the culpability of Lloyd, and the impact on the victim. Special circumstances were recognised, which warranted a discount in the sentence. The court also considered the necessity to provide a strong message of deterrence to potential offenders. After evaluating all relevant factors, the court determined a term of imprisonment with a specified non-parole period, reflecting the gravity of the crime while accounting for the special circumstances and other mitigating factors.

Orders

Orders of the court

Convicted and sentenced to a term of imprisonment of 3 years 2 months with a NPP of 1 year 8 months (25/2/23-24/10/24). I find special circumstances.

The matters on the Form 1 have been taken into account.

A 25 percent discount has been taken into account.

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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Medium Neutral Citation:	R v Lloyd [2023] NSWDC 617
Hearing dates:	29/9/23
Date of orders:	29/9/23
Decision date:	29 September 2023
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	Convicted and sentenced to a term of imprisonment of 3 years 2 months with a NPP of 1 year 8 months (25/2/23-24/10/24). I find special circumstances. The matters on the Form 1 have been taken into account. A 25 percent discount has been taken into account.
Catchwords:	Crime – Sentence – Aggravated robbery
Legislation Cited:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Pawnbrokers and Second Hand Dealers Act 1996
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 BP v R [2010] NSWCCA 159 Bugmy v The Queen (2012) 249 CLR 571 Hoskins v R [2021] NSWCCA 169 Porter v R [2019] NSWCCA 117 R v Henry and Others [1999] 106 A Crim R 149 R v Millwood [2012] NSWCCA 2
Category:	Sentence
Parties:	NSW DPP – Crown Shayden Lloyd - Offender
Representation:	Mr Kanakaratne for Crown Mr Stewart for Offender
File Number(s):	22/287349