Henry v R [2009] NSWCCA 69

New South Wales Court of Criminal Appeal

CITATION: Henry v R [2009] NSWCCA 69

HEARING DATE(S): 13 March 2009

JUDGMENT DATE: 20 March 2009

JUDGMENT OF: McColl JA at 1; Grove J at 2; Howie J at 36

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Indecent assault and procuring children for pornographic purposes - Three female victims of various offences aged eight years - No error in approach or assessment by sentencing judge

LEGISLATION CITED: Crimes Act 1900

CATEGORY: Principal judgment

Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v AGR (unreported) NSWCCA 24 July 1998 R v Rich [2000] NSWCCA 448 The Queen v Olbrich (1999) 199 CLR 270

PARTIES: Christopher John HENRY - Applicant REGINA - Respondent/Crown

FILE NUMBER(S): CCA 2006/5262

COUNSEL: I Barker QC with P Kintominas - Applicant P Miller - Respondent/Crown

SOLICITORS: Fox and Staniland - Applicant Solicitor for Public Prosecutions - Respondent/Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/31/0244

LOWER COURT JUDICIAL OFFICER: Hulme DCJ

LOWER COURT DATE OF DECISION: 10 November 2006

IN THE COURT OF CRIMINAL APPEAL CCA 2006/5262

McCOLL JA GROVE J HOWIE J

20 March 2009 Christopher John HENRY v REGINA Judgment 1 McCOLL JA: I agree with Grove J. 2 GROVE J: This is an application to extend time for seeking leave to appeal against severity of sentence imposed by Hulme DCJ at Taree District Court on 10 November 2006. The applicant had pleaded guilty on the listed trial day to indicted offences but his Honour accepted that it had earlier been made clear that he was likely to so plead. He was convicted on two counts (counts 1 and 3) of indecent assault upon a child under the age of ten years contrary to s 61M (2) of the Crimes Act 1900 for which offence there is a maximum penalty of 10 years imprisonment and a standard non-parole period of 5 years; on two counts (counts 2 and 4) of procuring a child under fourteen years for pornographic purposes (each child was aged eight years) contrary to s 91G (1) (a) of that Act, which offence carries a maximum penalty of 14 years imprisonment and on one count (count 5) of inciting a child under the age of ten years (a child aged eight) to commit an act of indecency contrary to s 61O (2) of the Act for which a maximum penalty of 7 years imprisonment applies. His Honour was also asked to take into account on a Form 1 a further offence contrary to s 61O (2) and an offence of possessing child pornography. 3 His Honour sentenced the applicant as follows: