Police v Pinder

[2021] NSWLC 9

Local Court

New South Wales

Medium Neutral Citation:

Police v Pinder [2021] NSWLC 9

Hearing dates:

17 August 2021

Date of orders:

20 August 2021

Decision date:

20 August 2021

Jurisdiction:

Criminal

Before:

P Stewart LCM

Decision:

Imprisonment 15 months NPP 11 months

Catchwords:

CRIME — Violent Offences —Stalking or intimidation — criminal history of serious sexual offences — high objective seriousness — need for specific deterrence — need for general deterrence — need for protection of the community

Legislation Cited:

Crimes (Domestic and Personal Violence) Act2007 (NSW), s 13(1)

Crimes (Sentencing Procedure) Act1999 (NSW), ss 3A, 5, 21A, 66

Law Enforcement Powers and Responsibilities Act 2002 (NSW)

Cases Cited:

Greaves v R [2020] NSWCCA 140

Karout v R [2019] NSWCCA 273

R v Borkowski [2009] NSWCCA 102

Category:

Sentence

Parties:

NSW Police (Prosecution)
Kindal Pinder (Defendant)

Representation:

Solicitors:
Sergeant Tunks (Prosecutor)
Mr D Fernandez – Legal Aid Commission (Defendant)

File Number(s):

2021/00116105

Publication restriction:

Nil

JUDGMENT

REMARKS ON SENTENCE

The Charges and the Pleas

1. The offender Kindal Pinder pleaded guilty to a single count of Stalking contrary to section 13(1) Crimes (Domestic and Personal Violence) Act 2007 (NSW).

2. A plea of not guilty was entered to that and another charge on 27 April 2021. On the day of hearing, a guilty plea was entered to the Stalking charge and the remaining matter withdrawn. No amendment was made to the facts relied upon by police.

3. I allow a discount of 5% in accordance with the principles enunciated in R v Borkowski [2009] NSWCCA 102 at [32], noting that it appears to be a strong prosecution case.

Maximum Penalties

4. The maximum penalty for Stalking is 5 years imprisonment.

5. In Greaves v R [2020] NSWCCA 140 at [66], Cavanagh J with Hoeben CJ at CL and Hamill J agreeing, said:

“…the sentencing principles applicable to the process of sentencing remain the same in the Local and District Courts…

The magistrate was required to assess the appropriate sentence having regard to the prescribed maximum penalty for each offence rather than any jurisdictional limit. The jurisdictional limit only becomes relevant if the assessment leads to a sentence greater than the limit.”

6. The principle in Greaves is clear. The Local Court in sentencing an offender is no different to the way in which the District Court should sentence an offender, subject to the jurisdictional limit if the sentence that should be imposed for an individual offence exceeds that limit.

Agreed Facts

7. About 4:50 pm on 22 April 2021 the victim, who is known to police, got off a train at Rockdale railway station. As she exited the ticket gate she saw the offender who appeared to be waiting for someone. She left on foot towards Geeves Avenue in the direction of Bay Street. As she walked past him, she noticed that he will very close, within a metre to her and in the same direction.

8. The victim described the offender as being “extremely tall like a basketball player, broad shoulders, shaved head, African…