Regina v Lloyd [2003] NSWCCA 49

New South Wales Court of Criminal Appeal

CITATION : Regina v Lloyd [2003] NSWCCA 49 HEARING DATE(S) : 24/02/03 JUDGMENT DATE : 26 February 2003

JUDGMENT OF : O'Keefe J at 1; Bell J at 33 DECISION : (i) Leave to appeal granted. (ii) Appeal allowed, sentences below set aside. (iii) In lieu of such sentences, the applicant is sentenced as follows:(a) In respect of the offence of stealing from the person in circumstances of aggravation - to a fixed term of imprisonment of 1 year and 6 months, to commence on 22 March 2002 and to end on 21 September 2003. This sentence is to be served concurrently with the sentence referred to below. In view of the fixed term sentence proposed, a non-parole period is not fixed in respect of this offence; (b) In respect of the offence of being armed with an offensive weapon with intent to commit a felony - to a term of imprisonment of 3 years to commence on 22 March 2002, and to end on 21 March 2005. The non-parole period in respect of this offence is fixed as 18 months, to commence on 22 March 2002 and to conclude on 21 September 2003, on which date the applicant is to be released on parole in accordance with the provisions of s 50(1) of the Crimes (Sentencing Procedure) Act 1999.

CATCHWORDS : Criminal law - Appeal - Severity - Stealing from the person in circumstances of aggravation - Armed with offensive weapon with intent to commit robbery - Blood filled syringe - Hepatitis C affected blood - Young offender - Reasonable prospects of rehabilitation - No prior criminal record - Family support - Early plea of guilty - Utilitarian value not taken into account LEGISLATION CITED : Crimes Act 1900; ss 95(1), 114(1) Crimes (Sentencing Procedure) Act 1999; ss 45 (1)(c), 50(1) Pearce v The Queen (1998) 194 CLR 610 Regina v Carr [2002] NSWCCA 434 CASES CITED : Regina v Deluca [2002] NSWCCA 446 Regina v Dorsett [2002] NSWCCA 326 Regina v Fahda [1999] NSWCCA 267 Regina v Thompson and Houlton (2000) 49 NSWLR 383 PARTIES : Regina Briallen Elizabeth Lloyd FILE NUMBER(S) : CCA 60200/02 COUNSEL : Mr H Dhanji - Applicant Mr R A Hulme SC - Crown SOLICITORS : Mr D J Humphreys - Applicant Ms S E O'Connor - Crown