R v Leslie Lloyd [2016] NSWDC 62

R v Leslie Lloyd [2016] NSWDC 62

The appropriate response for the ongoing supply offence and associated aggravated break, enter and steal offences was an aggregate full time custodial sentence, reflecting below mid-range objective seriousness for supply and low seriousness for break and enter, with leniency for strong subjective features and early guilty plea, with special circumstances for rehabilitation and a finding of partial concurrency in offending involving a single incursion.

Parties
Crown: Director of Public Prosecutions; Offender: Leslie Lloyd
Jurisdiction
Australia
Judgment Date
28 April 2016
Procedural Posture
Criminal / Sentencing
Outcome
Full time custodial sentence imposed with aggregate sentence and parole eligibility; special circumstances found; sum ordered to be paid to the State; destruction of seized drugs; supervision upon release.
Legal Topics
Sentencing, Ongoing Supply of Prohibited Drugs, Break and Enter, Aggregate Sentences
Criminal Law Sentencing Ongoing Supply of Prohibited Drugs Break and Enter Aggregate Sentences

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Parties

Director of Public Prosecutions

Crown

Leslie Lloyd

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for ongoing supply of prohibited drugs contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985?
  2. 2 What is the appropriate sentence for aggravated break, enter and steal offences under ss 112(2) and 113(2) of the Crimes Act 1900?
  3. 3 How should totality and accumulation apply to these offences for sentencing purposes?

Ratio Decidendi

The appropriate response for the ongoing supply offence and associated aggravated break, enter and steal offences was an aggregate full time custodial sentence, reflecting below mid-range objective seriousness for supply and low seriousness for break and enter, with leniency for strong subjective features and early guilty plea, with special circumstances for rehabilitation and a finding of partial concurrency in offending involving a single incursion.

Court Disposition

Full time custodial sentence imposed with aggregate sentence and parole eligibility; special circumstances found; sum ordered to be paid to the State; destruction of seized drugs; supervision upon release.

Orders

  • Offender convicted of ongoing supply of prohibited drugs pursuant to s 25A(1) DMTA.
  • Convicted of seven offences under ss 112(2) and 113(2) Crimes Act 1900.