When sentencing for s 97(1) Crimes Act offences, the R v Henry guideline judgment must be taken into account as a statutory factor within the instinctive synthesis process, not as a determinative starting point from which adjustments are made. A sentencing judge may consider the seven Henry factors and assess where the offence falls within the Henry range as part of the overall sentencing exercise, provided this is done as one element of the instinctive synthesis rather than as a separate first stage. The need for appropriate punishment and general deterrence for crimes of violence on public transport applies equally to offences committed by day or night, and whether planned or random.
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