Henderson v R [2016] NSWCCA 8

Henderson v R [2016] NSWCCA 8

Errors occurred in the indicative sentences, including failure to properly apply historic sentencing patterns, excessive head sentences, and omission of appropriate discount for early plea; breach of trust findings lacked a proper basis under relevant legislation, and findings regarding risk of re-offending were unsound. Aggregate sentence was therefore problematic and must be quashed; applicant is to be resentenced in accordance with historical sentencing practices and with proper regard to rehabilitation and deterrence.

Parties
Applicant: John Bruce Henderson; Respondent Crown: Regina
Jurisdiction
Australia
Judgment Date
09 February 2016
Procedural Posture
Criminal Appeal / Resentencing After Appeal
Outcome
Appeal allowed, leave granted, sentences quashed, applicant resentenced to 5 years imprisonment with non-parole period of 3 years (Hoeben CJ at CL), or 2 years 6 months (RS Hulme AJ).
Legal Topics
Historic Sexual Offences, Sentence Appeals, Indecent Assault, Aggregate Sentencing, Sentencing Practice at Time of Offending, Non Parole Periods, Discount for Plea, Position of Trust, Risk of Re Offending, Manifestly Excessive Sentence
Criminal Law Historic Sexual Offences Sentence Appeals Indecent Assault Aggregate Sentencing Sentencing Practice at Time of Offending Non Parole Periods Discount for Plea +3 more

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Parties

John Bruce Henderson

Applicant

Regina

Respondent Crown

Procedural Posture

Criminal Appeal / Resentencing After Appeal

Legal Issues

  1. 1 Whether sentencing judge applied sentencing practices applicable at time of offending
  2. 2 Whether discount for early plea of guilty was available and applied
  3. 3 Whether applicant was in a position of trust in respect of victims

Ratio Decidendi

Errors occurred in the indicative sentences, including failure to properly apply historic sentencing patterns, excessive head sentences, and omission of appropriate discount for early plea; breach of trust findings lacked a proper basis under relevant legislation, and findings regarding risk of re-offending were unsound. Aggregate sentence was therefore problematic and must be quashed; applicant is to be resentenced in accordance with historical sentencing practices and with proper regard to rehabilitation and deterrence.

Court Disposition

Appeal allowed, leave granted, sentences quashed, applicant resentenced to 5 years imprisonment with non-parole period of 3 years (Hoeben CJ at CL), or 2 years 6 months (RS Hulme AJ).

Orders

  • Grant leave to appeal
  • Allow the appeal