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Supreme Court 15 July 2022

R v Lloyd

[2022] NSWSC 906

HomicideDomestic & family violencePublic order & justice offences
CRIMINAL LAW SENTENCE USE OF TWO SEPARATE WEAPONS OFFENDING ABOVE THE MID RANGE OF OBJECTIVE SERIOUSNESS SUBJECTIVE CASE OTHERWISE LIMITED

Citation: R v Lloyd [2022] NSWSC 906
Court: Supreme Court of New South Wales
Date: 15 July 2022
Judge: Bellew J

Background

The offender pleaded guilty to the murder of his partner, committed on 20 October 2020 at her home in Como, New South Wales. The relationship had continued on and off since 2016 and was marked by a long history of domestic violence, including a prior assault conviction arising from an incident in January 2019. An Apprehended Domestic Violence Order (ADVO) had been in place for the protection of the victim since March 2019, and had been varied in September 2019.

The murder was carried out at the front door of the victim's premises. The offender used two separate weapons and acted with an intention to kill. CCTV footage captured him cleaning one of the weapons shortly after the killing. The offender's criminal history included prior domestic violence offending, both against the victim and a former partner.

The sentence hearing took place on 1 July 2022. The Court received victim impact statements from the victim's father and brother, both of whom spoke of the devastating and ongoing impact of her death on the family.

  • How objectively serious was the offending, having regard to the circumstances of the murder?
  • What weight should be given to the breach of the ADVO as a circumstance of aggravation?
  • What discount, if any, applied to reflect the offender's guilty plea?
  • What subjective factors (including psychiatric evidence and background) were relevant to moral culpability?
  • What sentence, including non-parole period, was appropriate given the need for general and personal deterrence and denunciation?

Decision

Bellew J assessed the offending as above the mid-range of objective seriousness. The use of two weapons, the clear intention to kill, and the extended history of domestic violence leading up to the murder all contributed to that assessment. The Court noted that the killing occurred in the context of controlling and threatening behaviour by the offender toward the victim in the period immediately before her death.

The breach of the ADVO was treated as a significant circumstance of aggravation under s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Bellew J made extended observations about the nature and purpose of apprehended violence orders, emphasising that such orders exist to protect vulnerable persons and that breaches must be treated seriously by the courts. The breach in this case was given full weight.

The offender's psychiatric and personal history provided modest mitigation, supporting a slight reduction in moral culpability. The forensic psychiatric evidence was considered, but the subjective case was otherwise described as limited. The Crown did not press for a life sentence.

A guilty plea discount of 25% was applied. The Court identified strong needs for both general deterrence, given the prevalence of domestic violence, and personal deterrence and denunciation on the particular facts. The standard non-parole period of 20 years was noted as a guidepost.

Orders Made

  • The offender was convicted of the murder of Lynda Greenwood.
  • Sentenced to 25 years and 6 months imprisonment, commencing 20 October 2020 and expiring 19 April 2046.
  • Non-parole period fixed at 19 years and 1 month, commencing 20 October 2020 and expiring 19 November 2039.
  • The offender will be eligible for parole on 20 November 2039.
  • The offender was advised of the application of s 25C of the Crimes (High Risk Offenders) Act 2006 (NSW) to this offence.

Key Takeaways

  • Breaching an ADVO in the course of committing murder constitutes a formal statutory aggravating factor under s 21A(2)(eb) of the Crimes (Sentencing Procedure) Act 1999, and the Supreme Court confirmed it must be given full weight rather than treated as a minor consideration.
  • Bellew J reinforced that apprehended domestic violence orders serve a protective function and that courts are required to treat their breach seriously, regardless of whether the underlying offending would otherwise have been aggravated.
  • A guilty plea to murder attracted a 25% discount in circumstances where the offender's subjective case was otherwise limited and the objective seriousness of the offending was assessed above the mid-range.
  • Psychiatric and personal history may support a modest reduction in moral culpability even where the subjective case does not substantially reduce the overall sentence; the weight given will depend on the nature and quality of the evidence.
  • Where a murder occurs against a background of sustained domestic violence, prior convictions for domestic violence offending are relevant both to the assessment of objective seriousness and to the need for personal deterrence.

Legislation and Cases Referenced

Legislation
- Crimes (Sentencing Procedure) Act 1999 (NSW), including ss 21A(2)(c), 21A(2)(eb), 30E
- Crimes (High Risk Offenders) Act 2006 (NSW), s 25C

Cases
- Goodbun v R [2020] NSWCCA 77
- John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512; [2005] NSWCA 101
- R v Cherry [2017] NSWCCA 150
- R v Goodbun [2018] NSWSC 1025
- R v King [2013] NSWSC 801
- R v Le (No. 2) [2019] NSWSC 763
- R v Lulham [2016] NSWCCA 287
- R v Medich (No. 43) [2018] NSWSC 886
- R v Rae [2001] NSWCCA 545
- R v Robinson [2007] NSWSC 460
- R v Shankley [2003] NSWCCA 253
- R v Yavuz (No. 6) [2019] NSWSC 95
- The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
- Veen v The Queen (No. 2) (1988) 164 CLR 465; [1988] HCA 14
- ZZ v R [2013] NSWCCA 83