Lloyd v R [2017] NSWCCA 303

Lloyd v R [2017] NSWCCA 303

The sentencing judge exercised her discretion lawfully; the sentences, including the marked distinction between the juvenile applicant and his adult co-offenders, were within the appropriate range and not manifestly excessive. The differences in sentences properly reflected differences in age, roles, and circumstances among co-offenders. No demonstrated error or unreasonable or plainly unjust outcome was established; thus, the appeal against sentence must be dismissed.

Jurisdiction
Australia
Judgment Date
13 December 2017
Procedural Posture
Sentence Appeal / Leave to Appeal Against Sentence and Appeal Judgment
Outcome
Leave to appeal against sentence granted. Appeal dismissed.
Legal Topics
['sentencing' 'parity' 'manifestly Excessive Sentence' 'joint Criminal Enterprise' 'affray' 'juvenile Offenders']
['criminal Law'] ['sentencing' 'parity' 'manifestly Excessive Sentence' 'joint Criminal Enterprise' 'affray' 'juvenile Offenders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Sentence Appeal / Leave to Appeal Against Sentence and Appeal Judgment

Legal Issues

  1. 1 ['Whether the sentences imposed were manifestly excessive' "Whether insufficient disparity exists between the applicant's sentence and those of co-offenders (parity)" 'Application of general and personal deterrence and retribution to juvenile offenders' 'Approach to aggravating factors, including committing offence in the presence of a child']

Ratio Decidendi

The sentencing judge exercised her discretion lawfully; the sentences, including the marked distinction between the juvenile applicant and his adult co-offenders, were within the appropriate range and not manifestly excessive. The differences in sentences properly reflected differences in age, roles, and circumstances among co-offenders. No demonstrated error or unreasonable or plainly unjust outcome was established; thus, the appeal against sentence must be dismissed.

Court Disposition

Leave to appeal against sentence granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']