R v Henry

[2021] NSWDC 152

District Court

New South Wales

Medium Neutral Citation:

R v Henry [2021] NSWDC 152

Hearing dates:

12 February 2021

Date of orders:

12 February 2021

Decision date:

12 February 2021

Jurisdiction:

Criminal

Before:

M L Williams SC DCJ

Decision:

An aggregate term of imprisonment of 3 years, 2 months with a non-parole period of 22 months: at [44].

Catchwords:

SENTENCING — Aggravating factors — Planned or organised criminal activity — Record of previous convictions

SENTENCING — Mitigating factors — Plea of guilty

SENTENCING — Penalties — Imprisonment

SENTENCING — Relevant factors on sentence — Establishing relevant matters — Factual basis for sentence — Form 1 offences — General principles — Maximum penalty — Objective seriousness — Purposes of sentencing — Ellis discount

SENTENCING — Subjective considerations on sentence — Special circumstances — Drug addiction

Legislation Cited:

Crimes Act 1900

Crimes (Sentencing Procedure) Act 1999

Cases Cited:

Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146

Buckley v R [2021] NSWCCA 6

Imbornone v R [2017] NSWCCA 144

R v Ellis (1986) 6 NSWLR 603

R v Qutami (2001) 127 A Crim R 369

Texts Cited:

Nil

Category:

Sentence

Parties:

Regina (Crown)

Jeffrey Henry (Offender)

Representation:

Ms N Keay (Crown Prosecutor)

Mr G Scragg (Counsel for the Accused)

File Number(s):

2020/62969; 2020/181196

Publication restriction:

STATUTORY NON PUBLICATION APPLIES
Section 578A Crimes Act 1900: Any matter that may identify the complainant.

Judgment

1. Jeffrey Henry is a Canadian national born in 1969. He has pleaded guilty at an early stage to two charges in circumstances justifying a 25% discount for the utilitarian value of the pleas. There is also a matter to be taken into account on the Form 1 which will be dealt with in the way suggested by the Chief Justice in the guideline judgment of the matters (Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146).

2. The first count to be dealt with is an offence of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 which carries a maximum penalty of 14 years imprisonment with a standard non-parole period of seven years. The second count is an offence of intentionally record an intimate image without consent contrary to s 91P(1) of the Crimes Act 1900 which carries a maximum penalty of three years imprisonment, with no standard non-parole period . A second offence contrary to s 91P(1) is to be dealt with on a Form 1 in relation to that second count.

3. The purposes of sentencing set out in s 3A of the Crimes (Sentencing Procedure) Act 1999 have to be considered and the maximum penalty and where applicable the standard non-parole period are important yardsticks in the sentencing process.

4. He has been in custody since his arrest on 19 June 2020. It is common ground that full time custody is required and that it is unnecessary for me…