R.V. SCHLENERT [2001] NSWCCA 481

New South Wales Court of Criminal Appeal

CITATION : R.V. SCHLENERT [2001] NSWCCA 481 FILE NUMBER(S) : CCA 60455/01 HEARING DATE(S) : 21 November 2001 JUDGMENT DATE : 21 November 2001

PARTIES : Darren John SCHLENERT - Appellant Regina - Respondent JUDGMENT OF : Barr J at 1; Adams J at 15

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/31/0463 LOWER COURT JUDICIAL Coleman DCJ OFFICER :

COUNSEL : Ms G. Bashir for the appellant Mr G.E.Smith for the Crown SOLICITORS : Mr S. Naris for the appellant Mr S.E. O'Connor for the Crown CATCHWORDS : Criminal Law - sentencing - stale offence - Criminal Law - sentencing - adult sentenced many years after committing offence as a child - whether conviction warranted LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 ss 9 & 10 R v Moon [2000] NSWCCA 534 CASES CITED: R v Aliperti [2000] NSWCCA 315 R v DJS [2001] NSWCCA 189 DECISION : See Judgment at Paragraph 14

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60455/01 Barr J Adams J

21 November 2001 Regina v Darren John Schlenert

Judgment 1 Barr J: This is an application for leave to appeal against a sentence imposed in the District Court. The applicant pleaded guilty in the Local Court to a charge that in 1980 he had carnal knowledge of a girl between the ages of 10 and 16 years, namely of 12 or 13 years. He was committed to the District Court for sentence and there adhered to his plea. Coleman DCJ QC convicted the applicant and ordered him to enter into a bond pursuant to s 9 Crimes (Sentencing Procedure) Act to be of good behaviour for 12 months.