R v Paul HENDERSON [2008] NSWDC 363

R v Paul HENDERSON [2008] NSWDC 363

The offences were found to be at the lower end of seriousness for aggravated break, enter and steal due to lack of wanton destruction, limited planning, absence of weapon, and genuine mental health issues reducing significance of general deterrence. Special circumstances warranted a balance of term greater than one third of non-parole period. Plea of guilty provided a reduction in sentence.

Parties
Prosecution: Regina; Defendant: Paul Henderson
Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentence imposed
Legal Topics
Aggravated Break Enter and Steal, Sentencing, Plea of Guilty, Form 1 Offences, Prior Criminal Record, Pre Sentence Report, Psychological Report, Psychiatric Disorders, Drug Use, Rehabilitation, Risk of Re Offending
Criminal Law Aggravated Break Enter and Steal Sentencing Plea of Guilty Form 1 Offences Prior Criminal Record Pre Sentence Report Psychological Report +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Paul Henderson

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Objective seriousness of the offences
  2. 2 Prospects for rehabilitation and risk of re-offending
  3. 3 Consideration of plea of guilty and special circumstances for sentencing

Ratio Decidendi

The offences were found to be at the lower end of seriousness for aggravated break, enter and steal due to lack of wanton destruction, limited planning, absence of weapon, and genuine mental health issues reducing significance of general deterrence. Special circumstances warranted a balance of term greater than one third of non-parole period. Plea of guilty provided a reduction in sentence.

Court Disposition

custodial sentence imposed

Orders

  • For offence committed on 31 October 2006: non-parole period of 1 year 3 months, balance of term 1 year 3 months. Total sentence 2 years 6 months commencing 2 March 2007, expiring 1 September 2009.
  • For offence committed on 6 October 2006: non-parole period of 1 year 9 months, balance of term 1 year 9 months. Total sentence 3 years 6 months commencing 2 June 2007, expiring 1 December 2010.