NSW Caselaw
New South Wales District Court
CITATION: R v Lillian Patricia MILES [2007] NSWDC 169
HEARING DATE(S): 23 March 2007 EX TEMPORE JUDGMENT DATE : 23 March 2007
JURISDICTION: Criminal
JUDGMENT OF: Berman SC DCJ
DECISION: See para [21] - [22]
CATCHWORDS: Criminal Law - Sentence - Larceny - Shoplifting - Assaulting a police officer in the execution of his duty - Assault occasioning actual bodily harm - Using an offensive weapon with intent to prevent lawful apprehension whilst in company - Plea of guilty - Standard non parole period
PARTIES: Crown Lillian Patricia Miles
FILE NUMBER(S): 07/11/0045
SOLICITORS: NSW DPP Aboriginal Legal Service
SENTENCE
1 HIS HONOUR: Lillian Miles appears for sentence today on three offences. The first is an offence of larceny, in this case an offence more precisely described as shoplifting. The second offence for which the offender is to be sentenced is one of assaulting a police officer while that officer was executing his duty and by that assault occasioning to him actually bodily harm. (That is an offence that carries a standard non-parole period). The third offence, is in terms of its maximum penalty, the most serious. That is an offence of using an offensive weapon with intent to prevent her lawful apprehension whilst she was in company.
2 The offender planned to commit the larceny, but she did not plan to get caught. The first of the offences was therefore something that she intended to commit when she commenced her criminal activities that day. The other two offences were offences that she decided to commit in order to avoid her apprehension for the first of the offences.
3 The offender was in a store selling handbags in the Pitt Street Mall on 7 June 2006. Also in the store was an off duty police officer. He appears also to have been there on some form of shopping expedition. He became aware of the offender and another female with her. He saw her put a handbag over her shoulder, look around towards the shop assistant and then run away with her co-offender. The officer commenced to pursue them. He pulled out his police badge and warrant card, showed them to the two offenders, and ran towards Ms Miles. He grabbed her and said
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