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New South Wales |
Case Name: | R v Richard Schaaf |
Medium Neutral Citation: | [2025] NSWDC 444 |
Hearing Date(s): | 17 October 2025 |
Date of Orders: | 30 October 2025 |
Decision Date: | 30 October 2025 |
Jurisdiction: | Criminal |
Before: | Mahony SC DCJ |
Decision: | Intensive Correction Order imposed. For orders see [79]-[86] |
Catchwords: | SENTENCE – Stalk/intimidate intend fear physical etc harm – Assault occasioning actual bodily harm in company of others – Aggregate sentence – Intensive Correction Order |
Legislation Cited: | Crimes Act 1900 (NSW) |
Cases Cited: | Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 |
Category: | Sentence |
Parties: | Richard Schaaf (the offender) |
Representation: | Counsel: |
File Number(s): | 2021/00124978 |
Publication Restriction: | Nil. There is however a non-publication order regarding the name of the co-accused who is referred to as MS |
REMARKS ON SENTENCE
The offender who was born in 1992 is to be sentenced in respect of the following offences for which he has pleaded guilty:-
Count 1 – Offence pursuant to s13(1) of the Crimes (Domestic and Personal) Violence Act 2007 (NSW) (“the CDPVA”) of stalk/intimidate intend fear physical etc harm. The maximum penalty for this offence is 5 years imprisonment and/or $5,500 fine and there is no standard non-parole period prescribed.
Count 2 – Offence pursuant to s59(2) of the Crimes Act 1900 (NSW) (“the CA”) of assault occasioning actual bodily harm in company of others. The maximum penalty prescribed for this offence is 7 years imprisonment and there is no standard non-parole period prescribed.
The offences occurred on 14 April 2021, and the offender was arrested on 5 May 2021. At the time of the offence the offender was subject to an Intensive Correction Order (“ICO”) and Community Correction Order (“CCO”). The ICO had been imposed for a period of 2 years and 2 months commencing on 21 March 2021 for offences of knowingly direct activities of criminal group and supply prohibited drug greater than the indictable quantity. The CCO had been imposed for a period of 18 months, commencing on 1 September 2020 for an offence of stalk/intimidate intend fear physical etc harm (domestic).
The ICO was revoked by order made on 1 June 2021 with effect from 14 April 2021. The offender was therefore in custody serving a term of imprisonment for those offences for a period of 1 year, 4 months and 25 days. He was bail refused from the date of his…
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- AGLC
- R v Richard Schaaf [2025] NSWDC 444
- Case
- [2025] NSWDC 444
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate sentencing principles to apply in light of the defendant's conduct and the suitability of an intensive correction order (ICO) as a form of sentence. The court had to consider the nature and circumstances of the offences, the defendant's culpability, and the necessity of the sentence to achieve justice for the victim, deterrence, and the rehabilitation of the offender. Additionally, the court had to balance the defendant's rights with the need to protect the community.
In delivering its judgment, the court first acknowledged the gravity of the defendant's actions, which involved a pattern of stalking and intimidation that escalated to a physical assault. The court found that the defendant's conduct caused significant fear and distress to the victim, and the assault resulted in actual bodily harm. The court considered the defendant's previous criminal history and his remorse, but also the need for a sentence that would adequately address the offences and serve as a deterrent. After weighing these factors, the court determined that an intensive correction order was an appropriate sentence. The court imposed the order, setting out detailed conditions to ensure the defendant's rehabilitation and protection of the community.
Orders
Orders of the court
Intensive Correction Order imposed. For orders see [79]-[86]
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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