R.V. SCHLENERT [2001] NSWCCA 481

R.V. SCHLENERT [2001] NSWCCA 481

The sentencing judge erred by giving the applicant no benefit for the gross and unattributable delay in reporting the offence, the further delay by authorities before charge, and the striking staleness of the offence. Given the applicant's excellent character, low or absent risk to the community, and responsible life established over many years since a boyhood offence, the appropriate disposition was to dismiss the charge without proceeding to conviction under s 10 Crimes (Sentencing Procedure) Act.

Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Criminal Sentencing Appeal; Application for Leave to Appeal / Application for Leave to Appeal Against a District Court Sentence
Outcome
Leave to appeal granted; appeal allowed; District Court orders quashed; charge dismissed without conviction pursuant to s 10 Crimes (Sentencing Procedure) Act.
Legal Topics
['stale Offence' 'delay in Complaint and Prosecution' 'adult Sentenced for Offence Committed as a Child' 'conviction Versus Dismissal Without Conviction' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['stale Offence' 'delay in Complaint and Prosecution' 'adult Sentenced for Offence Committed as a Child' 'conviction Versus Dismissal Without Conviction' 'good Behaviour Bond']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal; Application for Leave to Appeal / Application for Leave to Appeal Against a District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred by not taking into account in favour of the applicant the gross delay in the matter being reported to authorities.' 'Whether further delay by authorities before charging the applicant should have been taken into account in his favour.' "Whether the staleness of the offence and the applicant's present circumstances warranted dismissal of the charge without conviction under s 10 Crimes (Sentencing Procedure) Act."]

Ratio Decidendi

The sentencing judge erred by giving the applicant no benefit for the gross and unattributable delay in reporting the offence, the further delay by authorities before charge, and the striking staleness of the offence. Given the applicant's excellent character, low or absent risk to the community, and responsible life established over many years since a boyhood offence, the appropriate disposition was to dismiss the charge without proceeding to conviction under s 10 Crimes (Sentencing Procedure) Act.

Court Disposition

Leave to appeal granted; appeal allowed; District Court orders quashed; charge dismissed without conviction pursuant to s 10 Crimes (Sentencing Procedure) Act.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal and quash the orders made by his Honour.' 'Without proceeding to conviction, order pursuant to s 10 Crimes (Sentencing Procedure) Act that the charge be dismissed.']