Fur­ther hear­ing for man sent to prison for stalk­ing

Whitsunday Times - - LOCAL NEWS -

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.

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