Further hearing for man sent to prison for stalking
A MAN who was sent to prison for 18 months in February after a jury found him guilty of unlawful stalking between February 7 and April 19, 2011, appeared in the Proserpine Magistrate’s Court on Monday by telephone, charged with an additional three counts of breaching the conditions of his bail.
Paul Malcolm Henderson launched an appeal against his original sentence on grounds there had been a miscarriage of sentencing discretion.
Henderson submitted to the Court of Appeal that the judge in his trial did not assess the different levels of culpability throughout the period during which text messages were sent to a Whitsunday student. In a written judgment, Justice Debra Mullins outlined that while the victim did respond to texts initially, Henderson's culpability increased after the victim called him and asked him to stop.
Henderson submitted the trial judge did not direct the jury to differentiate between the texts before and after the telephone call asking Henderson to stop. But Justice Mullins found the trial judge was entitled to consider the overall seriousness of the conduct, even though it became more serious as it progressed.
The Court of Appeal dismissed the appeal. Henderson, who expects to be released from jail at the end of this week, has pleaded not guilty to the breaches of bail. The matter was set down for a hearing on September 4.