R v LY

In the case of R v LY, the applicant and her boyfriend conspired to murder her parents. Their plan was thwarted only when the applicant's father struggled with and overpowered the boyfriend. Both the applicant and her boyfriend pleaded guilty to attempted murder and conspiracy to murder. The applicant was sentenced to detention for four years for attempted murder and two years for conspiracy to murder, with an order that she be released after two years. Her boyfriend was sentenced to nine years imprisonment for attempted murder, five years imprisonment for conspiracy to murder and one year cumulative imprisonment for armed robbery. The applicant appealed against her sentence on the basis that it was excessive and that the trial judge gave too much weight to parity with her co-offender. The co-offender was an adult at the time of the offences and was sentenced under the Penalties and Sentences Act, while the applicant was a juvenile and was sentenced under the Juvenile Justice Act.

The court had to determine whether parity is an appropriate consideration when co-offenders are sentenced under different statutory regimes and whether the trial judge erred by giving too much weight to issues of parity. The court also had to determine whether the sentence imposed on the applicant was for the least time justified in the circumstances. The court held that the sentence imposed on the applicant was excessive and that the trial judge did give too much weight to parity with her co-offender. The court also held that the applicant's age, mental health, and prospects of rehabilitation were relevant factors that the trial judge should have considered.

The court allowed the appeal and varied the sentence imposed on count 1 by ordering that the applicant be detained for two and a half years. The applicant is to be released after serving 15 months of her detention under section 227(2) of the Juvenile Justice Act 1992 (Qld). The court confirmed the sentence imposed on count 2. The court granted the applicant leave to appeal against her sentence and allowed the appeal in part.