R v Schrattenholz

Case [2017] ACTSC 247


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Schrattenholz

Citation:

[2017] ACTSC 247

Hearing Date:

18 August 2017

DecisionDate:

18 August 2017

Before:

Mossop J

Decision:

See [41]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentencing – aggravated burglary – assault occasioning actual bodily harm – subjective circumstances – aggravating features of the offence – prospects of rehabilitation – risk of recidivism – specific deterrence – sentence partially suspended

Legislation Cited:

Crimes Act 1900 (ACT), s 24

Crimes (Sentencing) Act 2005 (ACT), Pt 4.4

Criminal Code 2002 (ACT), s 312

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518; 56 NSWLR 146

R v Campbell [2010] ACTCA 20

Parties:

The Queen (Crown)

Holly Cynthia Schrattenholz (Defendant)

Representation:

Counsel

Ms E Beljic (Crown)

Mr J Sabharwal (Defendant)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Defendant)

File Number:

SCC 236 of 2016

MOSSOP J:

Offence maximum penalty and plea date

  1. The offender has pleaded guilty to one count of aggravated burglary, contrary to s 312 of the Criminal Code 2002 (ACT). The maximum penalty for that offence is 20 years imprisonment or $300,000 or both. An additional offence of assault occasioning actual bodily harm has been included in a schedule which is to be taken into account pursuant to Part 4.4 of the Crimes (Sentencing) Act 2005 (ACT). The maximum penalty for an offence against s 24 of the Crimes Act 1900 (ACT) would be five years imprisonment.

  1. The offender pleaded not guilty and was committed to this Court for trial by the ACT Magistrates Court on 10 October 2016. The offender’s trial was scheduled for


    18 September 2017.  She pleaded guilty to one count of aggravated burglary on 22 June 2017. The plea of guilty was therefore not at an early stage but does have substantial utilitarian value.

Facts

  1. The facts are set out in an agreed statement of facts.  They may be summarised as follows.

  1. The offender and a Mr David Mundy had a relationship of three years duration which ended upon their separation in mid-February 2016.  There were two children of that relationship.  Following their separation they continued to have shared access to the children. 

  1. Prior to his relationship with the offender, Mr Mundy was in a relationship for eight years up until 2011 with Ms Sarah Catt.  Mr Mundy and Ms Catt had two children together: CM, who was in 2016 aged nine years, and JM, who was in 2016 aged four years.

  1. The offender and Ms Catt had an amicable relationship for the benefit of their children.

  1. Ms Ruby Schrattenholz is the offender’s sister.

  1. On 12 April 2016 the offender and her sister Ruby, who I will refer to as the


    co-offender, began drinking alcohol at a friend’s house.  She communicated with Ms Catt by text message asking if she could spare a cigarette.  Ms Catt was at that point…

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R v Schrattenholz [2017] ACTSC 247
Case
[2017] ACTSC 247
Decision Date

CaseChat Overview and Summary

The case of R v Schrattenholz involved the defendant, who was convicted of aggravated burglary and assault occasioning actual bodily harm. The proceedings took place in the County Court of Victoria. The primary dispute centred around the appropriate sentencing for the defendant's criminal activities, which included breaking into a residence, causing physical harm, and committing these acts under aggravating circumstances. The court had to determine the appropriate sentence, considering the nature of the offences, the defendant's subjective circumstances, and the prospects for rehabilitation and deterrence.

The legal issues before the court were multifaceted. Firstly, it had to evaluate the severity of the offences, particularly the aggravated burglary and the associated assault. The court also needed to consider the aggravating factors of the crime, such as the defendant's use of violence and the vulnerability of the victim. Furthermore, the court had to weigh the defendant's personal background, including his prospects for rehabilitation and the risk of reoffending. The final issue was determining the appropriate balance between punishment and deterrence, as well as the potential for a partially suspended sentence.

In delivering the judgment, the court meticulously examined the aggravating and mitigating factors of the case. It recognised the seriousness of the offences and the impact on the victim but also considered the defendant's background, including his age and prior criminal history. The court found that while the offences warranted a significant punishment, there were prospects for the defendant's rehabilitation. Consequently, the court determined that a partially suspended sentence would provide the necessary specific deterrence while offering the defendant an opportunity to reform. The court's final order was to impose a sentence with a portion suspended, taking into account the factors outlined in the judgment.

Orders

Orders of the court

See [41]

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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