R v Pinder [2024] NSWDC 82

District Court New South Wales

Medium Neutral Citation: R v Pinder [2024] NSWDC 82 Hearing dates: 9 February 2024; 8 and 21 March 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Kendal Nathaniel Pinder is convicted. 2 I impose an aggregate term of imprisonment of 8 years with a non-parole period of 5 years to date from 26 October 2021. The non-parole period will expire on 25 October 2026 and the head sentence will expire on 25 October 2029. 3 The offender will be eligible to be released on parole on 25 October 2026. Catchwords: CRIME — Sexual offences — Aggravated sexual assault CRIME — Sexual offences — Sexual assault — Without Consent Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Olbrich (1999) 199 CLR 270 R v Youkhana [2004] NSWCCA 412 Category: Sentence Parties: Rex (Crown) Kendal Pinder (Offender) Representation: Counsel: D Waldmann (Crown) A Betts (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Azadi Lawyers (Offender) File Number(s): 2021/163418 Publication restriction: None

Judgment

Introduction 1. Kendal Nathaniel Pinder (the offender) appears for sentence after pleading guilty in the District Court to the following offences: 1. aggravated sexual assault contrary to s 61J(1) Crimes Act 1900. The maximum penalty for the offence is 20 years imprisonment and parliament has prescribed a standard non parole period of 10 years; and 2. sexual intercourse without consent contrary to s 61I Crimes Act 1900. The maximum penalty for the offence is 14 years imprisonment and parliament has prescribed a standard non parole period of 7 years.