R v Lloyd [2023] NSWDC 617

District Court New South Wales

Medium Neutral Citation: R v Lloyd [2023] NSWDC 617 Hearing dates: 29/9/23 Date of orders: 29/9/23 Decision date: 29 September 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 3 years 2 months with a NPP of 1 year 8 months (25/2/23-24/10/24). I find special circumstances. The matters on the Form 1 have been taken into account. A 25 percent discount has been taken into account. Catchwords: Crime – Sentence – Aggravated robbery Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Pawnbrokers and Second Hand Dealers Act 1996 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 BP v R [2010] NSWCCA 159 Bugmy v The Queen (2012) 249 CLR 571 Hoskins v R [2021] NSWCCA 169 Porter v R [2019] NSWCCA 117 R v Henry and Others [1999] 106 A Crim R 149 R v Millwood [2012] NSWCCA 2 Category: Sentence Parties: NSW DPP – Crown Shayden Lloyd - Offender Representation: Mr Kanakaratne for Crown Mr Stewart for Offender File Number(s): 22/287349

sentence – ex tempore revised 1. Mr Shayden Lloyd is for sentence in relation to an offence of aggravated robbery under s 95(1) of the Crimes Act 1900, the circumstance of aggravation being the use of corporal violence. The maximum penalty for that offence is 20 years imprisonment. In sentencing him for that offence he asks that I take into account two offences which are on a Form 1 document, being an offence of disposing of property which had before then been stolen which itself ordinarily would attract a maximum penalty of ten years imprisonment, and a further offence of furnishing false information that being an offence under the Pawnbrokers and Second Hand Dealers Act 1996 which carries a fine only. The maximum penalty of course is an important guidepost in the sentencing exercise to which I have had regard. 2. The offender pleaded guilty at an early opportunity and I intend to allow a discount of 25% on account of the utilitarian value of that plea.