R v Lloyd [2023] NSWDC 617

R v Lloyd [2023] NSWDC 617

The offender is to be sentenced for aggravated robbery below the midrange of objective seriousness, with an overall sentence adjusted for his youth, relative immaturity, deprivation background, genuine remorse, and prospects of rehabilitation. Form 1 matters are taken into account but do not exert strong upward pressure. A discount of 25% for early guilty plea is applied. Totality and special circumstances are found, with a final head sentence of 3 years 2 months imprisonment and a non-parole period of 1 year 8 months, commencing from 25 February 2023.

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Sentence / Sentence Ex Tempore Revised
Outcome
Convicted and sentenced to a term of imprisonment of 3 years 2 months with a non-parole period of 1 year 8 months. Special circumstances found. Form 1 matters taken into account. 25 percent discount for early guilty plea applied.
Legal Topics
['aggravated Robbery' 'sentencing' 'form 1 Offences' 'special Circumstances' 'youthful Offender' 'moral Culpability']
['criminal Law'] ['aggravated Robbery' 'sentencing' 'form 1 Offences' 'special Circumstances' 'youthful Offender' 'moral Culpability']

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Procedural Posture

Sentence / Sentence Ex Tempore Revised

Legal Issues

  1. 1 ['Appropriate sentence for aggravated robbery under s 95(1) Crimes Act 1900' 'Consideration of Form 1 offences in sentencing' 'Relevance of offender’s youth and subjective circumstances to mitigation' 'Application of Bugmy principles to moral culpability' 'Assessment of special circumstances under Crimes (Sentencing Procedure) Act 1999' 'Appropriate commencement date and totality']

Ratio Decidendi

The offender is to be sentenced for aggravated robbery below the midrange of objective seriousness, with an overall sentence adjusted for his youth, relative immaturity, deprivation background, genuine remorse, and prospects of rehabilitation. Form 1 matters are taken into account but do not exert strong upward pressure. A discount of 25% for early guilty plea is applied. Totality and special circumstances are found, with a final head sentence of 3 years 2 months imprisonment and a non-parole period of 1 year 8 months, commencing from 25 February 2023.

Court Disposition

Convicted and sentenced to a term of imprisonment of 3 years 2 months with a non-parole period of 1 year 8 months. Special circumstances found. Form 1 matters taken into account. 25 percent discount for early guilty plea applied.

Orders

  • ['The sentence of 3 years 2 months imprisonment is imposed, commencing 25 February 2023 and expiring 24 April 2026.' 'Non-parole period set at 1 year 8 months, expiring 24 October 2024.' 'Special circumstances found.']