R v Lister [2021] NSWDC 132

District Court New South Wales

Medium Neutral Citation: R v Lister [2021] NSWDC 132 Hearing dates: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentence 1 year 10 months imprisonment to be served by way of intensive correction in the community. For orders see [59] - [60] Catchwords: CRIME – Take/detain person in company with intent to obtain advantage SENTENCING — Relevant factors on sentence — plea discount dispute – recourse to case conference certificate - relatively minor role – victim able to leave- no attempt to prevent him leaving - assaulted in custody –positive change on release to bail- long history of abuse –victim of violence- acquiescence to the demands of male co-offenders can be learned behaviour-no prior convictions - deprived background- youth and immaturity- solid process toward rehabilitation Legislation Cited: Crimes Act 1900 Crimes (Administration of Sentence) Act 1999 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 R v Flentjar [2008] NSWSC 771 R v Guinness [2021] NSWDC 57 R v JDX; JDX v R [2017] NSWCCA 9 R v Kerr [2008] NSWCCA 201 R v Newell [2004] NSWCCA 183 R v O'Connor [2014] NSWCCA 53: (2014) 239 A Crim R 487 R v Owen (a pseudonym) [2020] NSWDC 791 R v Qutami [2001] NSWCCA 353 R v Speechley (2012) A Crim R 175 Silvano v R [2008] NSWCCA 118 Texts Cited: Does Imprisonment Deter? A Review of the Evidence, Victorian Sentencing Advisory Council, April 2011 Category: Sentence Parties: Kayla Maree Lister (the offender) Director of Public Prosecutions Representation: Counsel: Mr R Steward (for the offender)