R v Alan James Pollock [2014] NSWDC 236

R v Alan James Pollock [2014] NSWDC 236

The offences were serious historical child sexual offences committed against multiple school children over a number of years, involving abuse of trust and authority, with Count 7 against SC in the mid-range of seriousness and the other offences toward the lower range but still serious. Applying historical sentencing practice, allowing limited guilty plea discounts, taking into account prior good character, remorse and rehabilitation while giving substantial weight to general deterrence and totality, the Court imposed an aggregate full-time custodial sentence of 8 years with a 5-year non-parole period and found special circumstances to permit a reduced ratio for rehabilitation,...

Jurisdiction
Australia
Judgment Date
12 December 2014
Procedural Posture
Criminal Sentencing / Remarks on Sentence After Pleas of Guilty
Outcome
Offender convicted and sentenced to an aggregate full-time custodial sentence of 8 years imprisonment with a non-parole period of 5 years.
Legal Topics
['child Sexual Offences' 'sex Offences Against School Children' 'aggregation of Sentences' 'historical Sentencing Practice' 'guilty Plea Discounts' 'form 1 Offences' 'special Circumstances' 'non Parole Period']
['criminal Law' 'sentencing'] ['child Sexual Offences' 'sex Offences Against School Children' 'aggregation of Sentences' 'historical Sentencing Practice' 'guilty Plea Discounts' 'form 1 Offences' 'special Circumstances' 'non Parole Period']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentences should be imposed for multiple historical child sexual offences committed against school children.' 'Whether the sentences should be aggregated pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1986.' 'What utilitarian discounts should be allowed for pleas of guilty entered during trial and on the first day of trial.' 'How the Court should assess objective seriousness, aggravating features, prior good character, remorse, rehabilitation, general deterrence and historical sentencing practice.' 'Whether special circumstances should be found under s 44(2) of the Crimes (Sentencing Procedure) Act 1986.']

Ratio Decidendi

The offences were serious historical child sexual offences committed against multiple school children over a number of years, involving abuse of trust and authority, with Count 7 against SC in the mid-range of seriousness and the other offences toward the lower range but still serious. Applying historical sentencing practice, allowing limited guilty plea discounts, taking into account prior good character, remorse and rehabilitation while giving substantial weight to general deterrence and totality, the Court imposed an aggregate full-time custodial sentence of 8 years with a 5-year non-parole period and found special circumstances to permit a reduced ratio for rehabilitation,...

Court Disposition

Offender convicted and sentenced to an aggregate full-time custodial sentence of 8 years imprisonment with a non-parole period of 5 years.

Orders

  • ['You are convicted of Counts 4-7 on the Indictment and Counts 1-5 on the second Indictment and pursuant to s 53A I impose an aggregated term of imprisonment.' 'I fix an aggregate non-parole period of 5 years to commence on 1 September 2014 and to expire on 31 August 2019.' 'I fix a balance of the aggregate term of...