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) Act 2007 (NSW), s 13(1) Crimes (Sentencing Procedure) Act 1999 (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 On the day of hearing, a guilty plea was entered to the Stalking charge and the remaining matter withdrawn.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.