District Court
New South Wales
Medium Neutral Citation: R v Henderson; R v Fitzsimmons [2022] NSWDC 767 Hearing dates: 1/4/22, 11/4/22 Date of orders: 11/4/22 Decision date: 11 April 2022 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Re Fitzsimmons:
Convicted and sentenced to an aggregate ICO for a period of 2 years 9 months. I have taken into account a discount of 25 percent for the plea of guilty.
The indicative sentences are:
In addition to the standard conditions, the following conditions are to apply:
1. You are not to consume illicit or prescription drugs other than as prescribed by a medical practitioner.
2. You are to the submit to urinalysis as directed by Community Corrections.
3. You are to undertake counselling or treatment for drug and/or alcohol abuse as directed by Community Corrections.
4. You are to undertake such other counselling or treatment as directed by Community Corrections.
5. You are not to associate with Eddie Henderson.
The indicative sentences are:
Seq 2 - 18 months
Seq 14 – 21 months
You are to report to the Maitland office of Community Corrections by telephone within 48 hours.
Re Seq 4 Possess prohibited drug on the s166 certificate – s10A conviction with no further penalty.
Re Henderson:
Convicted and sentenced to an aggregate term of imprisonment of 6 years 4 months with a NPP of 3 years 10 months (14/12/21-13/10/25). I find special circumstances. I have taken into account a discount of 25 percent for the plea of guilty.
The indicative sentences are:
Seq 13 – 5 years 6 months with NPP 3 years 3 months (Form 1 taken into account).
Seq 1 – 3 years
Seq 3 – 3 years 4 months.
Re Seq 4 Custody of knife in a public place on s166 certificate – s10A conviction with no further penalty.
Catchwords: Crime – Sentence
Legislation Cited: Cases Cited: Kennedy [2016] NSWCCA 187
Kurniawan [2017] NSWCCA 171
Owen [2017] NSWCCA 54
R v Fangaloka [2019] NSWCCA 173
Yeung [2018] NSWCCA 52
Category: Sentence Parties: NSW DPP – Crown
Eddie Henderson – Offender
Ami Louise Fitzsimmons - OffenderRepresentation: Mr O’Neill for Crown
Mr Krisenthal for Henderson
Ms McLachlan for Fitzsimmons
File Number(s): 21/112409
21/134853
remarks on sentence
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The offenders Mr Eddie Henderson and Ms Ami Fitzsimmons are for sentence today on a number of offences.
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Mr Henderson in relation to the following offences. Firstly, the sequence 1 offence being supply 132 grams of methamphetamine, the maximum penalty for which is 15 years imprisonment. Secondly, the sequence 13 offence which is supply a commercial quantity, namely 254 grams of methamphetamine, the maximum penalty for that offence being 20 years and a standard non-parole period of 10 years is specified. Thirdly, the sequence 3 possess shortened firearm offence which carries a maximum penalty of 14 years imprisonment.
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In addition, he asks that in sentencing him for sequence 13, the supply commercial quantity offence, I take into account another six offences which are on a Form…
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- Case
- [2022] NSWDC 767
- Decision Date
CaseChat Overview and Summary
The court found that the sentences imposed by the lower court were not manifestly excessive. It was noted that both appellants had extensive criminal histories and had breached their s166 certificates, which were significant aggravating factors. The court also considered the discounts given for the pleas of guilty. For Fitzsimmons, the court determined that the sentence of 2 years 9 months was appropriate, taking into account the 25 percent discount for the plea of guilty. The additional conditions imposed on Fitzsimmons, such as abstaining from illicit drugs, submitting to urinalysis, and undergoing counselling or treatment, were deemed reasonable given the circumstances. For Henderson, the court found that the sentence of 6 years 4 months with a non-parole period of 3 years 10 months was appropriate, also considering the 25 percent discount for the plea of guilty. The court further found that special circumstances applied to Henderson due to his significant personal circumstances, which warranted a reduced sentence.
The final orders of the court were that Fitzsimmons was to serve an aggregate term of imprisonment of 2 years 9 months, with specific conditions attached to his sentence. Henderson was to serve an aggregate term of imprisonment of 6 years 4 months with a non-parole period of 3 years 10 months, with special circumstances taken into account. Both appellants were also convicted of additional offences, but no further penalty was imposed for these offences.
Orders
Orders of the court
Re Fitzsimmons:
Convicted and sentenced to an aggregate ICO for a period of 2 years 9 months. I have taken into account a discount of 25 percent for the plea of guilty.
The indicative sentences are:
In addition to the standard conditions, the following conditions are to apply:
1. You are not to consume illicit or prescription drugs other than as prescribed by a medical practitioner.
2. You are to the submit to urinalysis as directed by Community Corrections.
3. You are to undertake counselling or treatment for drug and/or alcohol abuse as directed by Community Corrections.
4. You are to undertake such other counselling or treatment as directed by Community Corrections.
5. You are not to associate with Eddie Henderson.
The indicative sentences are:
Seq 2 - 18 months
Seq 14 – 21 months
You are to report to the Maitland office of Community Corrections by telephone within 48 hours.
Re Seq 4 Possess prohibited drug on the s166 certificate – s10A conviction with no further penalty.
Re Henderson:
Convicted and sentenced to an aggregate term of imprisonment of 6 years 4 months with a NPP of 3 years 10 months (14/12/21-13/10/25). I find special circumstances. I have taken into account a discount of 25 percent for the plea of guilty.
The indicative sentences are:
Seq 13 – 5 years 6 months with NPP 3 years 3 months (Form 1 taken into account).
Seq 1 – 3 years
Seq 3 – 3 years 4 months.
Re Seq 4 Custody of knife in a public place on s166 certificate – s10A conviction with no further penalty.
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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