R v Lloyd

[2012] NSWDC 184

District Court

New South Wales

Medium Neutral Citation:	R v Lloyd [2012] NSWDC 184
Hearing dates:	12 June 2012
Decision date:	12 June 2012
Before:	Berman SC DCJ
Decision:	Sentenced to an overall term of imprisonment consisting of a non-parole period of 18 months and a total sentence of 3 years
Catchwords:	CRIMINAL LAW - Sentence - Historical child sexual assault - delay in sentencing
Cases Cited:	Ritter v Regina [2012] NSWCCA 121
Category:	Sentence
Parties:	The Crown Bryan William Lloyd
Representation:	Mr Hardman - Crown Mr M Preece - Offender Director of Public Prosecutions Connolly Legal - Offender
File Number(s):	2010/372284
Publication restriction:	There is to be no publication of the names of the complainants or of any material which may tend to identify them

SenTENCE

1. HIS HONOUR: Appearing for sentence today is Bryan William Lloyd. He pleaded guilty on 5 October last year to five offences, all of them committed many years ago. They are offences of great seriousness, involving the sexual assault of two young boys, brothers A and B.

1. Before I proceed any further, I should make an order that there is to be no publication of anything which would identify or tend to identify the names of the complainants in this matter.

1. Sentencing for offences that occurred so long ago, particularly child sexual assault offences, provides particular problems, one of which is in determining the sentences that would have been imposed had there not been the substantial delay which often exists between offence and sentence. The authorities tell us, as sentencing judges, that we are to sentence according to the sentencing regime and tariff that existed at the time, rather than at present.

1. There is much to be said for the view that in one sense that fails to take account of what is now more understood about offences of this type. Mason P, although he was in the minority as regards this aspect of the way offences of this kind should be dealt with, said that to sentence according to the regime that existed at the time is to perpetuate the error which has now been identified in sentences imposed many years ago. But, of course, he was in the minority and it is my task to seek to identify what would have happened to Mr Lloyd had he been dealt with soon after he committed these offences, taking into account, of course, that in the intervening years he has led a life where none of these offences have been repeated.

1. The offences occurred after A and B became involved in activities at the Windale Police Citizens Youth Club. The offender was an attendee and a volunteer at that club. He turned twenty-three in 1989. In that year A was twelve and then thirteen and B turned twelve. There was thus a significant disparity in their ages. Although the offender was still relatively youthful, he was an adult and in a position of responsibility within the club. Both the young boys were entitled to…