Henderson, who was also found guilty of murdering Timmy, sought leave to appeal his conviction on two grounds, including there was an unreasonable verdict because it was not open to the jury to infer an agreement was formed between the two men to kill or cause really serious injury to the autistic boy.
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The second ground of appeal was made that the trial judge erred in directing the jury Henderson could have participated in the joint criminal enterprise by his presence, failure to intervene and/or supply the murder weapon.
The justices found both grounds could not be upheld, saying their own assessment of the case found there was ample evidence justifying Henderson was part of a joint criminal enterprise to murder Timmy.
Both men denied murdering Timothy ‘Timmy’ O’Brien, who was killed with an axe after he came to the aid of this stepfather on January 5, 2013 at Scarsdale.
Henderson was sentenced last year to 24 years’ imprisonment with a non-parole period of 20 years.
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