R v Henderson; R v Fitzsimmons [2022] NSWDC 767

R v Henderson; R v Fitzsimmons [2022] NSWDC 767

The seriousness of Mr Henderson's offending, including supplying commercial quantities of methylamphetamine and possessing a shortened firearm while on parole for similar offences, justifies an aggregate custodial sentence of six years four months imprisonment with a non-parole period of three years ten months. The utilitarian value of a guilty plea warrants a 25% discount. Ms Fitzsimmons' lesser but still serious involvement, lack of prior custodial history, remorse, mental health issues, and responsibilities favour an aggregate Intensive Correction Order of two years nine months with conditions, as this better addresses community safety and her prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Criminal / Sentence
Outcome
Henderson: Convicted and sentenced to an aggregate term of imprisonment of 6 years 4 months with a non-parole period of 3 years 10 months. Fitzsimmons: Convicted and sentenced to an aggregate Intensive Correction Order for 2 years 9 months. s 10A convictions with no further penalty for summary offences on s166...
Legal Topics
['sentence' 'drug Offences' 'firearm Offences' 'objective Seriousness' 'subjective Circumstances' 'crimes (sentencing Procedure) Act 1999']
['crime'] ['sentence' 'drug Offences' 'firearm Offences' 'objective Seriousness' 'subjective Circumstances' 'crimes (sentencing Procedure) Act 1999']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What are the appropriate sentences for the drug supply and firearm offences committed by Eddie Henderson and Ami Louise Fitzsimmons?' 'What is the objective and subjective seriousness of the offences, and are Intensive Correction Orders or full-time custodial sentences appropriate?']

Ratio Decidendi

The seriousness of Mr Henderson's offending, including supplying commercial quantities of methylamphetamine and possessing a shortened firearm while on parole for similar offences, justifies an aggregate custodial sentence of six years four months imprisonment with a non-parole period of three years ten months. The utilitarian value of a guilty plea warrants a 25% discount. Ms Fitzsimmons' lesser but still serious involvement, lack of prior custodial history, remorse, mental health issues, and responsibilities favour an aggregate Intensive Correction Order of two years nine months with conditions, as this better addresses community safety and her prospects of rehabilitation.

Court Disposition

Henderson: Convicted and sentenced to an aggregate term of imprisonment of 6 years 4 months with a non-parole period of 3 years 10 months. Fitzsimmons: Convicted and sentenced to an aggregate Intensive Correction Order for 2 years 9 months. s 10A convictions with no further penalty for summary offences on s166...

Orders

  • ['Fitzsimmons: Intensive Correction Order, two years nine months, with conditions: not to consume illicit or prescription drugs other than as prescribed, submit to urinalysis, undertake counselling or treatment for drug/alcohol abuse, undertake such other counselling as directed, not to associate with Eddie...