R v Henson

The High Court of New Zealand, Palmerston North Registry, delivered a judgement in the case of The Queen v. Brendan Paul Henson, wherein Henson was convicted of two charges of indecently assaulting a child under 12 and one charge of abduction for the purposes of sexual connection. Henson was sentenced to imprisonment, and the court considered imposing a sentence of preventive detention. The court examined the circumstances of Henson's offending, the impact on the victim and her family, Henson's previous offending, his personal circumstances, and the reasons for not imposing a sentence of preventive detention. The court also discussed the starting point for Henson's sentence, adjustments made to the starting point, and the final sentence imposed, including a minimum period of imprisonment.

The legal issues the court was required to decide included whether a sentence of preventive detention was appropriate, the appropriate starting point for Henson's sentence, adjustments to be made to the starting point, and the final sentence to be imposed, including the minimum period of imprisonment. The court concluded that preventive detention was not suitable in this case, and the appropriate sentence was eight years' imprisonment with a minimum period of imprisonment of five years.

The court's reasoning was based on the seriousness of the offences, the impact on the victim and her family, Henson's previous offending, and the need for protection of the community. The court also considered Henson's motivation to participate in a special treatment programme for child sex offenders as an important factor in deciding on the appropriate sentence. The court imposed concurrent sentences for the indecent assault charges and determined the appropriate minimum period of imprisonment to protect the community from Henson.