Henderson v The King

Henderson appealed his conviction and sentence for possessing child abuse material. The appeal was heard by Loukas-Karlsson, Baker and McWilliam JJ. The prosecution conceded errors in the original sentencing process, including the basis on which the appellant was sentenced for possessing the material for more than one day, contrary to the particularised charge.

The central legal issues before the Court of Appeal were whether "exceptional circumstances" were a prerequisite for imposing an Intensive Corrections Order in respect of both offences, and whether the appellant should be resentenced. The appeal also involved the admission of fresh evidence concerning hardship in custody, the interplay between childhood disadvantage and mental illness, and the overall appropriateness of the original sentence.

The Court of Appeal allowed the appeal, finding that the original sentencing had proceeded on an erroneous basis. The Court considered the fresh evidence presented, which highlighted the appellant's significant childhood disadvantage and mental health issues, and how these factors contributed to hardship in custody. Applying these considerations, the Court determined that resentencing was warranted. The Court ultimately resentenced the appellant.