R v McHenry [2023] NSWSC 856

Supreme Court New South Wales

Medium Neutral Citation: R v McHenry [2023] NSWSC 856 Hearing dates: 3 April 2023, Written submissions closed 24 May 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Common Law Before: Wright J Decision: The offender is convicted of the murder of Danielle Easey and of dishonestly obtaining financial advantage by deception and is sentenced for that offending to imprisonment for a non-parole period of 15 years and 6 months commencing on 19 September 2019 and expiring on 18 March 2035 and a balance of term of 7 years expiring on 18 March 2042. Catchwords: CRIMINAL LAW – sentence – murder – offender found guilty at trial – findings of fact as to what occurred – where, on the evidence, it is unknown what role the offender played in murder – disposal of the body as relevant to objective seriousness – related offence of dishonestly obtaining a financial advantage by deception – good prospects of rehabilitation – consideration of victim impact statements Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(a), 19A, 21(1), 192E(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A(2)(eb), 21A(3)(d), 21A(3)(e), 21A(3)(g), 21A(3)(h), 30E, 54A Cases Cited: Aslan v R [2014] NSWCCA 114 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22 Martinez v The Queen [2022] NSWCCA 12 R v Edwards (No 3) [2019] NSWSC 1815 R v Halloun [2014] NSWSWC 1705 R v Hill (1981) 3 A Crim R 397 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Category: Principal judgment Parties: Rex (Crown) Carol Marie McHenry (Offender) Representation: Counsel: J Stanhope (Crown) A Evers (Offender)