Police v Pinder [2021] NSWLC 9

Police v Pinder [2021] NSWLC 9

The offence was a serious random stalking of a female stranger and was assessed as being at the lower part of the mid-range of objective seriousness. Given the offender's serious prior sexual offending, the need for general and specific deterrence, the need to protect the community, poor rehabilitation prospects, and the absence of special circumstances, the section 5 threshold was crossed and only full-time imprisonment was appropriate. After allowing a 5% discount for the guilty plea, the offender was sentenced to 15 months imprisonment with an 11 month non-parole period.

Jurisdiction
Australia
Judgment Date
20 August 2021
Procedural Posture
Criminal Sentence for Stalking Contrary to Section 13(1) Crimes (domestic and Personal Violence) Act 2007 (nsw) / Sentence Following Guilty Plea
Outcome
The defendant was sentenced to imprisonment for 15 months with a non-parole period of 11 months.
Legal Topics
['stalking or Intimidation' 'violent Offences' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'protection of the Community' 'full Time Imprisonment' 'intensive Correction Order']
['criminal Law' 'sentencing'] ['stalking or Intimidation' 'violent Offences' 'objective Seriousness' 'general Deterrence' 'specific Deterrence' 'protection of the Community' 'full Time Imprisonment' 'intensive Correction Order']

Case Brief

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Procedural Posture

Criminal Sentence for Stalking Contrary to Section 13(1) Crimes (domestic and Personal Violence) Act 2007 (nsw) / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for the defendant's guilty plea to stalking contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW)." 'Whether the offence crossed the threshold in section 5 of the Crimes (Sentencing Procedure) Act 1999 (NSW) so that no sentence other than imprisonment was appropriate.' "Whether a Community Correction Order or Intensive Correction Order was appropriate given the circumstances of the offending and the offender's criminal history." 'What weight should be given to objective seriousness, deterrence, protection of the community, remorse, rehabilitation prospects, and the guilty plea.']

Ratio Decidendi

The offence was a serious random stalking of a female stranger and was assessed as being at the lower part of the mid-range of objective seriousness. Given the offender's serious prior sexual offending, the need for general and specific deterrence, the need to protect the community, poor rehabilitation prospects, and the absence of special circumstances, the section 5 threshold was crossed and only full-time imprisonment was appropriate. After allowing a 5% discount for the guilty plea, the offender was sentenced to 15 months imprisonment with an 11 month non-parole period.

Court Disposition

The defendant was sentenced to imprisonment for 15 months with a non-parole period of 11 months.

Orders

  • ['The offender Kindal Pinder is sentenced to a term of imprisonment of 15 months from 24 April 2021 to 23 July 2022.' 'The non-parole period is rounded down to 11 months, from 24 April 2021 to 23 March 2022.']