R v Schreiber [2001] NSWSC 1184

R v Schreiber [2001] NSWSC 1184

The offender intended to kill the deceased, and the murder was a brutal killing of grave objective seriousness requiring a heavy sentence. However, the crime was explicable by the offender's disturbed state of mind, his relationship with Mark Valera and Belinda Van Krevel, and his personal circumstances; he was not found to be a continuing danger to society and had reasonable prospects of rehabilitation. His guilty plea at the earliest reasonable opportunity justified reducing a sentence of about twenty years to sixteen years, with a twelve-year non-parole period reflecting the seriousness of the offence and the need for rehabilitation.

Jurisdiction
Australia
Judgment Date
19 December 2001
Procedural Posture
Criminal Law Sentence Murder Plea of Guilty / Remarks on Sentence Following Plea of Guilty
Outcome
Sentenced to imprisonment for sixteen years with a non-parole period of twelve years.
Legal Topics
['murder' 'guilty Plea' 'non Parole Period' 'remorse' 'rehabilitation' 'mental State' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'non Parole Period' 'remorse' 'rehabilitation' 'mental State' 'victim Impact Statement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Sentence Murder Plea of Guilty / Remarks on Sentence Following Plea of Guilty

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's guilty plea to murder." 'Whether the offender intended to kill the deceased despite his account that he intended only to hurt or scare him.' "How the offender's disturbed mental state, personal background, influence by Belinda Van Krevel, remorse, prospects of rehabilitation and risk to the community affected sentence." 'What allowance should be made for the plea of guilty entered at the earliest reasonable opportunity.' 'What non-parole period should be fixed.']

Ratio Decidendi

The offender intended to kill the deceased, and the murder was a brutal killing of grave objective seriousness requiring a heavy sentence. However, the crime was explicable by the offender's disturbed state of mind, his relationship with Mark Valera and Belinda Van Krevel, and his personal circumstances; he was not found to be a continuing danger to society and had reasonable prospects of rehabilitation. His guilty plea at the earliest reasonable opportunity justified reducing a sentence of about twenty years to sixteen years, with a twelve-year non-parole period reflecting the seriousness of the offence and the need for rehabilitation.

Court Disposition

Sentenced to imprisonment for sixteen years with a non-parole period of twelve years.

Orders

  • ['Keith Andrew Schreiber is sentenced to imprisonment for sixteen years, to date from 18 August 2000, with a non-parole period of twelve years.' 'Keith Andrew Schreiber will be eligible for release on parole on 18 August 2012.']