R v Henderson

This case is an appeal against conviction and sentence of the appellant, Neville Robert Henderson, who was convicted of six counts of indecent acts and unlawful sexual connection against his 14-year-old stepdaughter of a close friend and business associate. The appeal was heard in the Court of Appeal of New Zealand, with the appeal against conviction dismissed, except for count 4, which was quashed and an order made that there is to be no new trial on that count. The appeal against the sentence was allowed, and the sentence of four years' imprisonment was quashed and replaced by a sentence of three and a half years' imprisonment.

The court considered the arguments made by the appellant's counsel, including the conduct of the Crown counsel, the trial judge's errors, and the admissibility of evidence. The court found that while there were some instances of improper leading questions by the Crown counsel and some emotive language used in the closing address, the overall impact was not so prejudicial as to lead to a miscarriage of justice. The court also found that the trial judge's directions to the jury were sufficient to ensure the fairness of the trial.

Regarding the sentence, the court considered the totality of the offending, the progression of the acts, and the breach of trust. The court decided that the sentence of four years was manifestly excessive, given that count 4 was quashed, and reduced the sentence to three and a half years' imprisonment.