R v Pinder [2024] NSWDC 82

R v Pinder [2024] NSWDC 82

The offences were objectively serious sexual offences involving the complainant's clear lack of consent, exploitation of the offender's physical advantage and, for Count 1, serious life-threatening injury. The offender's longstanding frontal-executive dysfunction reduced his moral culpability to some extent and made custody more onerous, but did not excuse the offending. Prior serious sexual offending, the need for community protection and general and specific deterrence required imprisonment. Remorse, good prospects of rehabilitation, age, treatment needs, COVID-19 custody restrictions and partial accumulation were mitigating, and special circumstances justified a longer parole period....

Jurisdiction
Australia
Judgment Date
21 March 2024
Procedural Posture
Criminal Sentence / Sentence After Guilty Pleas in the District Court
Outcome
Kendal Nathaniel Pinder was convicted and sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 5 years, backdated to 26 October 2021.
Legal Topics
['aggravated Sexual Assault' 'sexual Intercourse Without Consent' 'guilty Plea Discount' 'cognitive Impairment' 'aggregate Sentence' 'special Circumstances']
['criminal Law' 'sentencing'] ['aggravated Sexual Assault' 'sexual Intercourse Without Consent' 'guilty Plea Discount' 'cognitive Impairment' 'aggregate Sentence' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Pleas in the District Court

Legal Issues

  1. 1 ['What sentence should be imposed for aggravated sexual assault contrary to s 61J(1) Crimes Act 1900 and sexual intercourse without consent contrary to s 61I Crimes Act 1900.' "Whether the offender's cognitive impairment reduced his moral culpability and affected deterrence, rehabilitation and custody conditions." 'Whether aggravating and mitigating factors under s 21A Crimes (Sentencing Procedure) Act 1999 were established.' 'Whether an aggregate sentence and a finding of special circumstances were appropriate.']

Ratio Decidendi

The offences were objectively serious sexual offences involving the complainant's clear lack of consent, exploitation of the offender's physical advantage and, for Count 1, serious life-threatening injury. The offender's longstanding frontal-executive dysfunction reduced his moral culpability to some extent and made custody more onerous, but did not excuse the offending. Prior serious sexual offending, the need for community protection and general and specific deterrence required imprisonment. Remorse, good prospects of rehabilitation, age, treatment needs, COVID-19 custody restrictions and partial accumulation were mitigating, and special circumstances justified a longer parole period....

Court Disposition

Kendal Nathaniel Pinder was convicted and sentenced to an aggregate term of imprisonment of 8 years with a non-parole period of 5 years, backdated to 26 October 2021.

Orders

  • ['Kendal Nathaniel Pinder is convicted.' 'I impose an aggregate term of imprisonment of 8 years with a non-parole period of 5 years to date from 26 October 2021. The non-parole period will expire on 25 October 2026 and the head sentence will expire on 25 October 2029.' 'The offender will be eligible to be released...