R v MURRELL [2023] NSWDC 130

R v MURRELL [2023] NSWDC 130

Given the seriousness of offending, extensive criminal history, limited though present prospects of rehabilitation, and the need for parity with co-offenders while ensuring totality, a lengthy term of imprisonment with a substantial non-parole period was appropriate. The aggregate sentence imposed was structured to reflect the separate offending, the period served under prior Victorian sentences, and the lesser discount for late pleas of guilty, while also considering the more onerous conditions in custody and the offender's background.

Parties
Prosecution: R; Offender: Lloyd Murrell
Jurisdiction
Australia
Judgment Date
02 May 2023
Procedural Posture
Criminal / Sentencing
Outcome
Aggregate sentence imposed; offender convicted of all offences for sentence.
Legal Topics
Sentencing, Aggregate Sentences, Armed Robbery, Break and Enter, Detain for Advantage, Assault With Intent, Criminal History, Parity and Totality, Co Offenders
Criminal Law Sentencing Aggregate Sentences Armed Robbery Break and Enter Detain for Advantage Assault With Intent Criminal History +2 more

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Parties

R

Prosecution

Lloyd Murrell

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for multiple serious offences including armed robbery, break and enter, detain for advantage, and assault with intent
  2. 2 Applicability of aggregate sentencing and accumulation/concurrency of sentences
  3. 3 Parity with co-offenders' sentences

Ratio Decidendi

Given the seriousness of offending, extensive criminal history, limited though present prospects of rehabilitation, and the need for parity with co-offenders while ensuring totality, a lengthy term of imprisonment with a substantial non-parole period was appropriate. The aggregate sentence imposed was structured to reflect the separate offending, the period served under prior Victorian sentences, and the lesser discount for late pleas of guilty, while also considering the more onerous conditions in custody and the offender's background.

Court Disposition

Aggregate sentence imposed; offender convicted of all offences for sentence.

Orders

  • Indictment 1 Count 1: 10 years and 6 months with non-parole period of 7 years imprisonment (break and enter, including form 1 offence)
  • Indictment 1 Count 2: 8 years and 6 months imprisonment (detain for advantage)