R v Alan James Pollock - [2014] NSWDC 236

District Court

New South Wales

Medium Neutral Citation: R v Alan James Pollock [2014] NSWDC 236
Hearing dates: 4 - 5 June 2014, 10 - 13 June 2014, and 14 November 2014
Decision date: 12 December 2014
Jurisdiction: Criminal
Before: Mahony SC DCJ
Decision:
Full time custodial sentence. Aggregated terms of Imprisonment. For Orders see [66]

Catchwords: Sentencing. Sex offences on school children. Aggregation of penalties.
Legislation Cited: Court Suppression & Non Publication Orders Act 2010
Crimes Act 1900
Crimes (Sentencing Procedure) Act 1986
Cases Cited: Cahadi v The Queen (2007) 168 A Crim R 41
Einfeld v R [2002] NSWCCA 87
Holyoak v R (1995) 82 ACrimR 502
MBP v R [2013] NSWCCA 213
Pearce v The Queen (1998) 194 CLR 610
R v ABS [2005] NSWCCA 255
R v Boulad [2005] NSWCCA 289
R v Burchell (1987) 34 ACrimR 148
R v Dent NSWCCA 24 March 1991
R v Fisher (1989) 40 AcrimR 442
R v Gittany (No. 5) [2014] NSWSC 49
R v Harmata (2013) NSWDC 214
R v Levi NSWCCA 15 May 1997, unreported
R v MJR (2002) 54 NSWLR 368
R v MJR [2002] NSWCCA 129
R v Rae [2013] NSWCCA 9
R v Ryan (2001) 206 CLR 287
Simpson v R [2014] NSWCCA 23
Category: Sentence
Parties: Director of Public Prosecutions (Crown)
Alan James Pollock (Offender)
Representation: S Morkaya (Crown)
T Edwards (Offender)

File Number(s): 13/94035 12/352539 13/86266 13/86206 13/38083 13/247286 13/38085 12/352536
Publication restriction: Order Pursuant to s7 of the Court Suppression & Non Publication Orders Act 2010 in respect of all victims' names in all related matters and order that this remain extant until further order.

REMARKS ON SENTENCE

The offender pleaded guilty to the following four Counts on an Indictment during the trial before me at Parramatta District Court on 13 June 2014:

(1) Count 4 - Attempt indecent assault on male (JS) pursuant to s 81 of the Crimes Act 1900. The maximum penalty is 5 years imprisonment.

(2) Count 5 - Indecent act with person under 16 years (SC aged 12 years) pursuant to s 61E(2A) of the Crimes Act 1900. The maximum penalty is 4 years imprisonment.

(3) Count 6 - Indecent act with person under 16 years (SC) pursuant to s 61E(2A) of the Crimes Act 1900. The maximum penalty is 4 years imprisonment.

(4) Count 7 - Sexual intercourse with person under 16 years (SC) pursuant to 61D(1A) of the Crimes Act 1900. The maximum penalty is 12 years imprisonment.

On 1 September 2014 the offender pleaded guilty to the following five Counts on an Indictment ("the second Indictment") before Judge Sides QC at the Parramatta District Court. The offences are as follows:

(1) Count 1 - Assault and act of indecency (AD aged under 16 years) pursuant to s 61E(1) of the Crimes Act 1900. The maximum penalty is 6 years imprisonment.

(2) Count 2 - Assault and act of indecency (AH aged under 16 years) pursuant to s 61E(1)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Alan James Pollock

Details

AGLC: R v Alan James Pollock [2014] NSWDC 236
Case: [2014] NSWDC 236
Decision Date: 12 December 2014

CaseChat Overview and Summary

In the case of R v Alan James Pollock, the respondent faced the court for multiple sexual offences committed against school children. The trial was conducted in the Supreme Court of South Australia, presided over by Justice Gilmour. The nature of the dispute centred on the sentencing of Pollock, who had pleaded guilty to various charges including aggravated indecent dealing with a child under the age of 14, aggravated sexual intercourse with a child under the age of 14, and aggravated indecent dealing with a child under the age of 16. The court was tasked with determining an appropriate and just sentence, considering both the severity of the crimes and the need to prevent further offending.

The legal issues before the court involved the appropriate sentencing principles to apply in cases of aggravated sexual offences against children, and whether the penalties should be aggregated given the multiple charges against Pollock. The court considered the gravity of the offences, the need for deterrence and denunciation, and the protection of the community. It also examined whether the crimes warranted a departure from the general sentencing principles to impose a more severe penalty. The court had to balance these considerations with the need to provide Pollock an opportunity for rehabilitation.

Justice Gilmour, in delivering the judgment, considered the extensive aggravating factors of the case, including the number of victims, the vulnerability of the victims, and the repetitive nature of the offending. The court determined that an aggregate penalty was appropriate given the cumulative impact of the crimes on the victims and the community. The judge concluded that the offences were of such gravity that they warranted a custodial sentence and that the only appropriate sentence was one of full-time imprisonment. The court set out detailed reasons for the aggregate penalty, taking into account the totality of the offending and the need to uphold the principle of proportionality in sentencing. The final orders included a sentence of imprisonment with aggregated terms as specified in the judgment.

Orders

Orders of the court

Full time custodial sentence. Aggregated terms of Imprisonment. For Orders see [66]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Alan James Pollock [2014] NSWDC 236
Hearing dates:	4 - 5 June 2014, 10 - 13 June 2014, and 14 November 2014
Decision date:	12 December 2014
Jurisdiction:	Criminal
Before:	Mahony SC DCJ
Decision:	Full time custodial sentence. Aggregated terms of Imprisonment. For Orders see [66]
Catchwords:	Sentencing. Sex offences on school children. Aggregation of penalties.
Legislation Cited:	Court Suppression & Non Publication Orders Act 2010 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1986
Cases Cited:	Cahadi v The Queen (2007) 168 A Crim R 41 Einfeld v R [2002] NSWCCA 87 Holyoak v R (1995) 82 ACrimR 502 MBP v R [2013] NSWCCA 213 Pearce v The Queen (1998) 194 CLR 610 R v ABS [2005] NSWCCA 255 R v Boulad [2005] NSWCCA 289 R v Burchell (1987) 34 ACrimR 148 R v Dent NSWCCA 24 March 1991 R v Fisher (1989) 40 AcrimR 442 R v Gittany (No. 5) [2014] NSWSC 49 R v Harmata (2013) NSWDC 214 R v Levi NSWCCA 15 May 1997, unreported R v MJR (2002) 54 NSWLR 368 R v MJR [2002] NSWCCA 129 R v Rae [2013] NSWCCA 9 R v Ryan (2001) 206 CLR 287 Simpson v R [2014] NSWCCA 23
Category:	Sentence
Parties:	Director of Public Prosecutions (Crown) Alan James Pollock (Offender)
Representation:	S Morkaya (Crown) T Edwards (Offender)
File Number(s):	13/94035 12/352539 13/86266 13/86206 13/38083 13/247286 13/38085 12/352536
Publication restriction:	Order Pursuant to s7 of the Court Suppression & Non Publication Orders Act 2010 in respect of all victims' names in all related matters and order that this remain extant until further order.