R v Henderson; R v Fitzsimmons [2022] NSWDC 767

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: Crimes (Sentencing Procedure) Act 1999 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 - Offender Representation: Mr O'Neill for Crown Mr Krisenthal for Henderson Ms McLachlan for Fitzsimmons File Number(s): 21/112409 21/134853