R v Lawrence [2019] NSWDC 816

District Court New South Wales

Medium Neutral Citation: R v Lawrence [2019] NSWDC 816 Hearing dates: 8 November 2019 Decision date: 08 November 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of 1 year 7 months. Non parole period of 4 months. For orders see [43] Catchwords: SENTENCING – Relevant factors on sentence – home invasion – in company – perceived grievance – did not walk away – flight – first offender – history of disadvantage – matter of four young children – pregnant – family hardship – gaol mother and children program – impact of removal of mothers from children considered. Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Blackman and Walters v R [2001] NSWCCA 121 Bugmy v The Queen [2013] HCA 37; (2013) 249 CLR 571 Bugmy v The Queen (1990) 169 CLR 525 Dipangkear v R [2010] NSWCCA 156, at [34]. HJ v R [2014] NSWCCA 21 Hoskins v R [2016] NSWCCA 157 Munda v Western Australia (2013) 249 CLR 600: [2013] HCA 38 Power v The Queen (1974) 131 CLR 623 R v De Simoni (1981) 147 CLR 383 R v Edwards (1996) 90 A Crim R 510 R v SLR (2000) 116 A Crim R 150 R v Togias [2001] NSWCCA 522; (2001) 127 A Crim R 23 Simpson v R [2011] NSWCCA 534; (2011) 53 NSWLR 704 Texts Cited: Bringing them home: Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families https://www.humanrights.gov.au/our-work/bringing-them-home-report-1997 Justice Health and Forensic Mental Health Network, Overview of Services, Page 14 Category: Sentence Parties: Yaleela Lawrence (the offender) Director of Public Prosecutions Representation: Solicitors: Mr J Hibbard, Aboriginal Legal Service NSW/ACT Ltd (for the offender) Ms K McCrossin (for the Director of Public Prosecutions) File Number(s): 2017/00220216