R v Schnorrenberg [2020] NSWDC 497

R v Schnorrenberg [2020] NSWDC 497

The offender, aged 39, knowingly engaged in repeated sexual intercourse with a 15-year-old child in circumstances involving exploitation, a significant power imbalance, absence of protection, and an additional Form 1 offence. Although his guilty pleas required a 25% discount and his long absence from court supported good prospects of rehabilitation, he did not establish remorse under s 21A(3)(i) and the victim's acquiescence did not mitigate culpability. The custodial threshold in s 5 Crimes (Sentencing Procedure) Act 1999 was crossed, requiring an aggregate sentence of 3 years and 6 months with a non-parole period of 2 years commencing on 16 July 2019.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas in the Local Court to Two Offences Contrary to S 66 C(3) Crimes Act 1900, With an Additional Offence Taken Into Account on a Form 1
Outcome
Aggregate term of imprisonment of 3 years 6 months with a non-parole period of 2 years.
Legal Topics
['child Sex Offences' 'sexual Intercourse With Child Above 14 and Under 16' 'form 1 Offences' 'aggregate Sentences' 'guilty Plea Discount' 'pre Sentence Reports' 'custodial Sentence']
['criminal Law' 'sentencing'] ['child Sex Offences' 'sexual Intercourse With Child Above 14 and Under 16' 'form 1 Offences' 'aggregate Sentences' 'guilty Plea Discount' 'pre Sentence Reports' 'custodial Sentence']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas in the Local Court to Two Offences Contrary to S 66 C(3) Crimes Act 1900, With an Additional Offence Taken Into Account on a Form 1

Legal Issues

  1. 1 ['What sentence should be imposed for two offences contrary to s 66C(3) Crimes Act 1900 involving sexual intercourse with a 15-year-old child' 'How the additional Form 1 offence should affect the sentence for sequence 7' "Whether the offender's guilty pleas attracted a 25% utility discount" "Whether the offender's antecedents, personal circumstances, mental health material, claimed remorse and prospects of rehabilitation mitigated sentence" "Whether the victim's lack of opposition or acquiescence reduced the offender's culpability" 'Whether a custodial sentence was required and what aggregate sentence and non-parole period should be fixed']

Ratio Decidendi

The offender, aged 39, knowingly engaged in repeated sexual intercourse with a 15-year-old child in circumstances involving exploitation, a significant power imbalance, absence of protection, and an additional Form 1 offence. Although his guilty pleas required a 25% discount and his long absence from court supported good prospects of rehabilitation, he did not establish remorse under s 21A(3)(i) and the victim's acquiescence did not mitigate culpability. The custodial threshold in s 5 Crimes (Sentencing Procedure) Act 1999 was crossed, requiring an aggregate sentence of 3 years and 6 months with a non-parole period of 2 years commencing on 16 July 2019.

Court Disposition

Aggregate term of imprisonment of 3 years 6 months with a non-parole period of 2 years.

Orders

  • ['The offender is convicted on each of the offences upon which sentence is to be imposed.' 'For sequence 7, taking into account the additional offence and allowing a 25% discount, an indicative sentence of imprisonment of 2 years and 9 months is specified.' 'For sequence 9, allowing a 25% discount, an indicative...