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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Sex Offences - Sexual Assault - Aggravated - s.61J

 

Maximum penalty: 20 years imprisonment

Standard non-parole period: 10 years imprisonment (offences committed on or after 1.2.2003)

NameOffencePleaSentenceAppealRecordInvolvement & Summary

Scales

NSWCCA

4.8.1992

2 x s.61J

s.66C

2 x s.61E(1A)

s.61M

PG

MT 6y

AT 2y

(other sentences concurrent)

AA

MT 3y 6m

AT 2y

Foster parents to three young children they knew had been sexually abused previously – abuse by offender committed against youngest girl aged 10y over seven months – included digital penetration

McClear

(35)

NSWCCA

1.9.1992

s.61JPG

MT 6y

AT 2y

ADLengthy record – no sexual offences

Sexual assault on 14y female by three men – Victim visiting offenders - Offender forced intercourse while co-offender holding victim down – forced fellatio – subjected to vaginal and oral intercourse simultaneously by co-offenders then anal intercourse by offender while co-offenders continued vaginal intercourse – principal offender

Assistance against co-offenders – fear for safety – assisted in care for crippled father

Careless

NSWCCA

16.9.1993

s.61JPG

MT 8y

AT 2y 8m

ADOn bail and bond.  Prior sex but not as seriousPenile / vaginal.  Complainant deaf and dumb.  Grabbed as walked from pub to park, dragged into bushes, punched about the body and face, severe injuries to the face, including broken jaw.  Arrested during attack

Ramey

NSWCCA

26.11.1993

s.61J

(inflict abh)

VG

MT 5y 3m

AT 1y 9m

AD 

Penile / vaginal.  Met complainant at nightclub.  Drove her home, stopping three times to make aggressive passes.  At home intercourse against will, slapped face when she protested. Swelling and bruising to jaw throat and hand.

Minor basketball player from USA

Lewis

NSWCCA

14.12.1993

s.61J

(inflict abh)

PG

MT 6y

AT 2y

ADrepeat minorPenile / vaginal.  Complainant attacked as walking through the park - suffered ABH and left in dire circumstances

MacKenzie

(18)

NSWCCA

15.12.1993

s.61JPG

MT 5y 6m

AT 3y

ADnil

Cleaner in complainant's workplace attacked her when working back

Powerful subjective case

Barden

(19)

NSWCCA

7.3.1994

2 x s.61J

(inflict abh)

PG

MT 3y

AT 1y

ADnilWhen escorting Complainant to a friend's house struck her with a beer can knocking her to the ground, then punched her a number of times.  Massive bruising to the face.  Penile / vaginal, digital.

Gerges

NSWCCA

8.3.1994

s.61J

s.61L

VG

MT 2y 6m

AT 10m

(concurrent sentence for indecent ass)

AD Picked up 15y Complainant hitchhiking.  Drove car to dark place and forced fingers into vagina.  Also touched breasts.  Did not stop Complainant leaving car.

Moore

(40)

NSWCCA

12.4.1994

s.61M(1)

Att s.61J

s.61J

 

Sched:

4 similar off

PG

FT 2y

FT 8y

MT 9y

AT 3y

(concurrent)

AA

FT 2y

FT 4y

MT 6y

AT 3y

(concurrent)

Breached recog for indecent assault on same complainantUndressed 13y step daughter and attempted to insert penis in vagina – ejaculated on leg – inserted little finger in vagina for 15m on separate occasion – part of ongoing conduct

Day
(20)

NSWCCA

21.7.1994

2 x s.61J

(in company)

VG

MT 4y

AT 15m

ADnilOffered Complainant a lift home with co-A.  Complainant punched

Baker

(21)

NSWCCA
2.8.1994

2 x s.61JPG

MT 7y 6m

AT 2y 6m

ADlongGave Complainant lift home from party.  Forced Complainant into bushes with knife.  Oral, digital and penile intercourse.  Punched Complainant in face.

Roberts

(27)

NSWCCA

8.8.1994

5 x s.61J

4 x indecent ass

VG

MT 11y

AT 2y

(concurrent sentences for indecent ass)

 

AA

MT 10y

AT 3y

Prior convictions for serious sexual assaultsPenile / vaginal, oral and anal.  Used knife.  Attack started when 39y complainant arrived home, forced at knife point into house where sexually assaulted for hour and a half.  Urinated and left naked and bound.

Burns

(24)

NSWCCA

21.9.1994

6 x s.61JPG

MT 9y

AT 3y

AD

long

on recog for sex

 

Entered Complainant's house through fly screen.  Struck sleeping Complainant on head.  Complainant feigned unconsciousness, and subjected to episodes of penile / vaginal and oral intercourse.

Berrigan

(38)

NSWCCA

7.10.1994

2 x s.61JVG

MT 5y

AT 3y

AD Met Complainant in bar.  Drove Complainant in van (voluntarily) to car park.  Ordered her into the back of the van and to remove her clothes.  Using condom had penile intercourse.  Later placed tongue in vagina.  Placed hand on throat causing difficulty breathing.  Punched in eye, and forced to masturbate herself.  Took photographs, and put fingers and material down her throat.

Gebrail

NSWCCA

18.11.1994

s.61JVG

MT 10m

AT 5m

Crown AA

MT 2y 3m

AT 9m

record, but nothing significant17y Complainant went to A's place to watch video.  When she tried to leave he forced her to bedroom, sat on her on bed.  Placed pillow over face and punched it four times.  Threatened her and placed two fingers inside vagina.

B Singh

(28)

 

P Singh

(24)

NSWCCA

16.12.1994

6 x s.61J

 

 

4 x s.61J

VG

 

 

VG

MT 4y 6m

AT 1y 6m

 

MT 4y 6m

AT 1y 6m

Crown ADnilC had had previous sexual relationship with BS.  Intercourse included digital, penile and oral.  Pre-meditated and well-planned.  C suffered broken arm.  Offences videotaped.

Brennan

(36)

NSWCCA

29.5.1995

10 x s.61J

3 x s.61L

VG

MT 3y 6m

AT 2y 6m

(concurrent sentences for indecent ass)

Crown AA

MT 5y

AT 2y

priors:  BES, assault and LMV.  No sex or gaol.Broke into C's flat carrying butcher's knife.  Multiple sexual assaults over several hours.  Assaulted and cut with knife.

Heather

(45)

NSWCCA

1.8.1995

3 x s.61J

s.90A

VG

MT 10y

AT 5y

AA

MT 9y

AT 3y

Sexual offences

Forced 11y girl walking past into house – Struck on side of head – Penile intercourse and 2 x oral intercourse – threatened with further assault

Schizophrenia

Kenworthy

(44)

NSWCCA

3.8.1995

s.61J

(inflict abh)

VG

MT 3y

AT 1y

ADviolenceDrove C home from function.  C refused request for kiss and tried to escape.  Dragged back to car, undressed and sexually assaulted.  Penile / vaginal intercourse.

Sansom

(52)

NSWCCA

28.8.1995

2 x s.61J

 

VG

MT 9y

AT 3y

ADLengthy including violenceAssaulted 40y old acquaintance in home while children sleeping.  Threats to kill C and children. Inflicted bodily harm by knife around neck.

Carroll

NSWCCA

26.9.1995

s.61J

s.61I

VG

PG

FT 8y

MT 4y

AT 2y

(cumulative)

 

MT 12y

AT 2y

AA

Total:

MT 10y

AT 4y

minor

committed second count while on bail for first count

Sexual assault of acquaintance from hotel.  Hit C about head and threatened to kill.  Second count involved sexual assault of C in own home.

Bus
(20)

 

AS

(17)

 

NSWCCA

3.11.1995

s.61M

2 x s. 61J

 

s.61M

2 x s. 61J

VG

 

 

VG

MT 4y

AT 2y

 

MT 2y 6m

AT 2y

 

(concurrent sentences for indecent ass)

AD

 

 

AD

Minor – Breached PD and recog

 

Nil

Together sexually assaulted 17y C after party.  C tied up. Both fondled breasts, digitally penetrated C and made her fellate them

B – dominant role - borderline mentally deficient.

Rivera

(21)

NSWCCA

19.2.1996

2 x s.61JPG

MT 6y

AT 3y

ADon bond for stalking and sexually assaulting another woman

Raped C twice after following her as she was walking home.

Suffered brain damage in car accident and became sexually aggressive and dangerous when drunk.

RSS

NSWCCA

27.2.1996

s.61JVG

MT 2y

AT 8m

AD Digital penetration of 10y C staying at friend's house.  C fell asleep on double bed and awoke to find A's finger in vagina.

Agafili

NSWCCA

1.5.1996

s.61J

 

Sched

s.61J

s.90A

PG

MT 3y

AT 2y

Crown AA

MT 6y

AT 2y

nilC picked up by two men outside nightclub.  Detained in car 6hrs.  Assault and threat to kill.  Taken to isolated spot and sexually assaulted.  Anal and penile / vaginal assault while hand around C's throat.

Smith

NSWCCA

27.5.1996

s.61JVG

MT 4y

AT 2y

AA

MT 3y

AT 1y

 Threatened 63y C with carving knife.  Digital penetration.

Russell

(24)

NSWCCA

21.6.1996

s.61J

Attempt s.61J

PG

MT 4y

AT 2y

Crown AA

MT 5y 6m

AT 2y 6m

extensive although no sex

on parole

Forced entry into home of young female living alone.  Assaulted and threatened her.  Made multiple attempts to penetrate anally and vaginally, finally succeeding in the former.  In response to resistance choked C so hard she could not breathe.

Aboriginal

Mills
(47)

NSWCCA

27.6.1996

2 x 61M(1)

3 x s.61J

PG

FT 1y

MT 2y 9m

AT 1y 3m

 

Total:

MT 3y 9m

AT 1y 3m

ADsimilar offences11y twin brothers, met through go-kart business.  Played with penis and performed fellatio.  Not an isolated instance.

Pratt

NSWCCA

26.7.1996

s.61J

(inflict abh)

VG

MT 4y 6m

AT 18m

ADInsignificantBus driver bashed C's head against bus floor before sexual assault.

Falls
NSWCCA

21.8.1996

s.61J

2 x BES

PG

MT 4y

AT 2y 6m

(concurrent sentence for BES)

Crown AA

MT 6y

AT 3y

recogFollowed 12y C through paddock and tackled her from behind.  Penetrated her by unknown means, ejaculating in crotch area.  Threatened her with bike chain.  C's mother moved from isolated house, and broke into the house twice, stealing valuable goods.

Swan

NSWCCA

22.8.1996

s.61J

(in company)

VG

MT 4y

AT 2y

AA

MT 3y

AT 1y 6m

Criminal recordFemale sexually assaulted by four offenders - Parity

H

NSWCCA

23.8.1996

s.61J

(threaten inflict abh)

VG

MT 2y 6m

AT 2y

Crown AA

MT 4y

AT 2y

prior assault on wife

wife had applied for AVO

Cut telephone wires at estranged wife's house and broke in.  Penile and digital intercourse. Pre-meditated.

Harrison
(22)

NSW CCA

20.2.1997

4 x s.61J

(threaten to inflict abh)

1 x s.80A(2)

AOABH


Sched:

Assault

PG

MT 9y

AT 3y

Crown AA

MT 12y

AT 4y

Qld - dishonesty and violence

Picked up C and friend hitch-hiking and drove them to secluded beach.  Assaulted C by placing string around throat and arm around neck.  Further bruises to both girls.

Twelve months later picked up C2 hitch-hiking.  Threatened C with knife and handcuffed her.  Fellatio, digital, forced C to insert own finger, various sexual and physical threats.  Drove and performed more sexual assaults on beach.  Total time was seven hours.

Two days later performed similar assaults on another woman in Queensland.

Miller

(35)

NSWCCA

25.3.1997

6 x s.61JPG

MT 7y 6m

AT 3y 6m

ADsexual priors on young persons, although no violence

16y C walking alone along canal 2pm.  Dragged into bushes and demanded money.  Assaulted, stripped, and jumper tied around eyes.  Multiple sexual acts, including fellatio.

Pleaded guilty on second day of second trial.

Monks

(28)

NSWCCA

5.8.1997

5 x s.61J

5 x s.61M(1)

VG

MT 9y

AT 3y

(2y concurrent sentence for indecent ass)

ADlong, although not seriousC disabled with cerebral palsy.  Visited co-A for weekend.  Co-A arranged for A to visit.  C sexually assaulted over period of hours.  SJ regarded this as "worst case"

Brarti

NSWCCA

28.10.1997

s.61J

(inflict abh)

VG

MT 3y

AT 1y

Conviction ADoffence breached AVOSeriously assaulted ex-wife.  Scratched C on labia minora.

Currie

NSWCCA

31.10.1997

8 x s.61JVG

MT 4y

AT 3y

ADPrior record

Entered flat of 19y female – threatened with knife – 5 x vaginal intercourse, 1 x digital penetration of anus and 2 x oral intercourse

Aboriginal with deprived background

Ryan

NSWCCA

3.11.1997

s.61J

(inflict abh)

VG

MT 4y

AT 2y

Conviction AD Convicted of vaginal intercourse, acquitted of fellatio.  Grabbed C in car park of nightclub as she approached sister's car.  Grazes to elbows.

Truong

NSWCCA

8.12.1997

s.61J

(in company)

VG

MT 18m

AT 2y

Crown AA

MT 2y 6m

AT 2y

nilGave C lift home from nightclub.  C consented to kissing, but resisted intercourse.  Bitten on mouth.  Penile / vaginal intercourse followed.  Co-A attempted intercourse.

Chmielowiec

(56)

NSWCCA

21.7.1998

s.61J

2 x s.61O(2)

PG

MT 4y 6m

AT 1y 6m

(2y concurrent sentence for indecent ass)

ADnil9y wife's granddaughter residing in their home. Made C masturbate him in his car, and fellate him.  Offences representative of a number of incidents.

Cochrane

NSWCCA

7.10.1998

s.61J

(use of knife / punching C)

VG

MT 4y 6m

AT 18m

AD Taxi driver took C to deserted area and unsuccessfully tried to push penis into mouth.  Punched C.  Cut C's pants with knife and forced vaginal intercourse.  Held knife at throat.

Guirgis

(31)

NSWCCA

12.10.1998

s.61J

(inflict abh)

VG

MT 1y 4m

AT 2y

ADnilPicked up prostitute and forced her to have oral sex without condom

Wilson

(33)

NSWCCA

20.11.1998

s.61JVG

MT 6y

AT 2y

AD

appalling record

offence occurred in gaol

Sexual assault on fellow inmate.  Entered room with another inmate and punched C in stomach.  Forced anal intercourse.  C punched and kicked by two other inmates.

CAA

(32)

NSWCCA

4.12.1998

2 x s.61J

 

Sched:

Possess unauth firearm

PG

MT 3y

AT 2y 6m

AA

MT 12m

AT 12m

offensive languageDigitally penetrated 14y female twice - In loco parentis - No threats - Immediately acknowledged misconduct when confronted

Rushby

(18)

[1999] NSWCCA 104

s.61J

 

Sched:
Take and drive conveyance

Unlic driving

PG

 

MT 5y

AT 3y

ADdriving, resist arrest, possess implements

Stole car with co-offender and 13y C – car driven until broke down in remote place – C dragged into bush land, ordered to remove clothes and threatened with piece of wood - co-offender had penile intercourse - A had anal intercourse - Tore clothes and left C tied to tree.

[Co-offender aged 16 years]. Pleaded guilty at earliest opportunity. Assisted authorities against co-offender. Imprisonment to be served in protective custody.

Crowe

[1999] NSWCCA 239

s.61M(1)

s.61J

VG

FT 2y 6m

MT 8y 9m

AT 2y 3m

(partially cum)

 

Total:

MT 9y

AT 2y 3m

AA

MT 6y 6m

AT 2y 3m

(2y concur sentence for indecent ass)

similar priors against same victim - breach of recog

No factual details - Breach of familial trust

Recidivist paedophile

S.P.M.

(34)

[1999] NSWCCA 338

4 x s.61J

(mal inflict abh)

VG

MT 18m

AT 3y

Crown AA

MT 2y 3m

AT 2y 3m

Records for assaults although not serious.

Offence reached AVO.

Aboriginal male sexually assaulted wife.  Penile intercourse, inserted metal bottle into vagina, then inserted boondi stick into vagina and anus.

Marriage dysfunctional.

Taumaialo

(20)

[2000] NSWCCA 14

2 x s.61JVG

MT 5y

AT 3y

 

ADon parole for rob in companyWhile waiting at home with 14y female for lift to church forced sexual intercourse.  Next day C returned with A to his house where he forced her to engage in fellatio.  C returned under threat.

B M T

(48)

[2000] NSWCCA 112

s.61J

 

Sched:
Mal damage

PG

(not stated)

MT 9y

AT 3y

AD

Subsequent acquittal of matter on record does not effect sentence

long record, including sexual offences - on parole at time of offencePermitted entry into house of ex-cell mate's de facto.  Using carving knife subjected C to series of degrading and violent sexual acts over three and a half hours, forcing variety of sexual intercourse.  3y son present during much of assault.  After C escaped refused police entry and damaged robot.

Paul

(49)

[2000] NSWCCA 117

s.61J (attempt)

PG

(not stated)

MT 7y 6m

AT 2y 6m

ADproperty, violence, driving - on parole

Attacked 13y walking along footpath - Punched her, demanded money then attempted to have sexual intercourse.

Chronically dysfunctional - Dangerous - Drug addiction

Maher

[2000] NSWCCA 147

s.61I

s.61J

PG

(not stated)

FT 3y

MT 5y

AT 3y

(cumulative)

 

Total:
MT 8y

AT 3y

ADOn bail for first offence when committed second.Broke into C1's caravan and forced penile intercourse.  Three months later broke into C2's caravan, assaulted her twice and forced penile intercourse.

Thomas

(38)

[2000] NSWCCA 265

s.61J

s.61L

s.61

VG

MT 5y 3m

AT 1y 9m

(concurrent sentences for assaults)

ADserving AR - priors for violence and sexual offencesSexually assaulted 20y prisoner in gaol cell

Kay

(45)

[2000] NSWSC 716

Hulme J

 

(2002) 132 A Crim R 72

[2002] NSWCCA 286

4 x s.61J

(threat to inflict abh)

 

Sched:

2 x s.61J

2 x s.61K

PG

(10%)

20y

NPP 15y

ADminor sexual offences

Assaults committed on 8 complainants over 12 month period late at night.  C threatened with knife and subjected to digital or penile penetration.  Offences premeditated and planned.  Observed by police stalking other women.  No significant physical injuries inflicted.

Significant risk of re-offending.

Smith

(27)

[2000] NSWCCA 343

s.61J

PG

(20%)

3y 6m

NPP 20m

Crown AA

4y 6m

NPP 2y 3m

criminal record but not for sexual offences of this kind

Forced 11y cousin to engage in intercourse causing pregnancy.  Took advantage of family context.

Remorse -  suffering schizo-effective disorder.

Rich

(34)

[2000] NSWCCA 448

s.61JVG

MT 2y 9m

AT 2y

Crown ADminor

Assaulted 13y male relation while asleep – Sharing bedroom -forced anal intercourse.

Sexually abused as a teenager.  Retrial.  Protection.

Quinn

(35)

[2000] NSWCCA 446

s.61J

(under 16y)

VG

MT 9y

AT 2y

AA

9y

NPP 7y

on parole for sexual offence – violence, sexual, property and drug offencesFollowed 15y female into public toilets at train station, threatened and digitally penetrated her.  Limited display of violence.

Smith

[2000] NSWCCA 468

s.61JVG

MT 2y 6m

AT 2y 6m

Conviction AD Went to toilet block with acquaintance and started to kiss.  Unexpectedly punched C in face and continued assault as C tried to get up. Placed finger inside vagina.

J C E

(42)

(2000) 120 A Crim R 18

[2000] NSWCCA 498

2 x s.61J

(under 16y)

PG

(not stated)

2y

NPP 15m

wholly suspended

Crown AD 

Sexually assaulted daughter on two occasions. Inserted finger in vagina, and licked vaginal area.

Suspended from Pre-trial Diversion Scheme for unsatisfactory progress and breaches of undertaking.  Had made some efforts at program and was remorseful.

Pakistan

[2001] NSWCCA 49

s.61J

s.61I

G (during trial)

MT 21m

AT 3y 3m

AD Stayed at C's house - Violent struggle ensued after she refused intercourse – C pretended to be dead and offender had penile-vaginal intercourse twice

Baker

(48)

[2001] NSWCCA 96

s.61J

PG

(not stated)

MT 12y

AT 4y

ADextremely bad record for sexual assaultsAnally raped a prostitute after threatening her with a knife, tying up her hands and gagging her.

Dawson (No.2)

(40)

[2001] NSWCCA 186

2 x s.61JVG

MT 4y

AT 2y

AD 

Forced ex-wife to have oral and vaginal sex using knife.

Evidence of good character.

RAP

(23)

[2001] NSWCCA 471

s.61J(1)VG

9y

NPP 5y 6m

AA

8y

NPP 5y

prior convictions for property, driving and violence offences

Sexually assaulted C while out riding on motorbike - Injuries to back, thighs, genital and anal area.

Protective custody - Unhappy childhood - Sexually assaulted over 2 years

BEG

(54)

[2001] NSWCCA 341

2 x s.61J

(under 16y and under authority)

PG

(not stated)

5y

NPP 3y

AA

5y

NPP 2y 3m

Old convictions

Sexually assaulted 10y step-daughter and friend

Severe back pain proving unmanageable in custody - sentence reduced to take into account fact that medical condition worse than appreciated at time sentence imposed.

MBB

(16)

[2001] NSWCCA 354

s.61J

s.61M(1)

PG

(20%)

4y 9m

NPP 2y 3m

(2y concurrent sentence for indecent ass)

ADnil

Forced 14y schoolgirl into toilets at public park using knife - indecently assaulted her and forced penis into mouth for short time.

Unstable family life - Rehabilitation.

Smith

(27)

[2001] NSWCCA 475

s.61J

(inflict abh)

s.61I

VG

7y

NPP 5y 9m

(4y concurrent sentence for s.61I)

ADhistory related to alcohol abuse

Forced female acquaintance to have oral and anal intercourse - Punched her in face – C of limited intellect.

Married with 3 young children - alcoholic at early age - some evidence of rehabilitation

Galli

(2001) 127 A Crim R 493

[2001] NSWCCA 504

s.61J

(serious disability and under care)

VG

7y

NPP 5y 3m

AD Complainant 26y resident of a group home, with serious intellectual disability and under case of A.  C cannot speak or make signs to communicate in any way.  Offence discovered when C became pregnant.

AEM

(19)

 

 

KEM

(16)

 

 

MM

(16)

 

[2002] NSWCCA 58

2 x s.61J

Sched:

S.61J

 

2 x s.61J

Sched:

4 s.61J

 

2 x s.61J

Sched:

2 x s.61J

PG

(20%)

 

 

PG

(20%)

 

 

PG

(20%)

 

6y

NPP 4y

 

 

5y 7m

NPP 3y 6m

 

 

6y

NPP 4y

Crown AA

13y

NPP 9y

 

14y

NPP 10y

 

 

13y

NPP 10y

traffic, property and dishonesty offences - no violence - 2 recog

 

not stated

 

 

 

no similar offences - illegal use of motor vehicle

Two 16y females offered lift by respondents late at night - taken to house, separated and subjected to four hours of degrading sexual assaults - physical violence, threatened with knife and death threats

 

AEM - adversely affected by father's death - Substance abuse

 

KEM - affected by father's death - difficult schooling

 

MM - cousin to co-offenders - difficult childhood after father left

ICC

[44-8]

[2002] NSWCCA 119

2 x s.61J (person in authority)

s.61M(1)

 

Sched:

12 related off

PG

(not stated)

4y 6m

NPP 3y 4m 13d

(3y concurrent sentence for indecent assault)

ADnil

Sexually abused teenage daughter over 4 year period

Remorse and contrition - Protective custody – Breakdown of marriage – Willingness to seek counselling – Suicide risk

KJW

(32)

[2002] NSWCCA 107

2 x Agg indecent ass

s.61J

(under 16 and under authority)

PG

(25%)

FT 2y

4y

NPP 2y

(partially cumulative)

 

Total:

4y 9m

NPP 2y 9m

ADNil

Came into stepdaughter's bedroom at night on two occasions and rubbed her arm along penis - Received treatment for behaviour and returned to family unit - Sucked penis of stepson several years later.

Receiving treatment – Prospects of rehabilitation reasonable – Protective custody

Button

 

 

Griffen

 

(2002) 129 A Crim R 242

[2002 NSWCCA 159

2 x s.61J

(in company)

VG

7y

NPP 4y

 

6y

NPP 3y

Convictions AD Part of group of 5 men who sexually assaulted female who accepted lift after party - B thrust penis in C's mouth while she was being held and later had sexual intercourse with her - G took C away and made her suck his penis and had vaginal intercourse

SMR

(17)

[2002] NSWCCA 258

s.61N(2)

s.61L

2 x att s.61J

s.61J

(threaten to inflict abh)

VG

8y

NPP 4y

(concurrent sentences imposed for indecent ass)

Conviction AD Broke into home of 82y female and sexually assaulted her - Threatened C with knife -

Marshall

(36)

[2002] NSWCCA 311

s.61J(1)

(under 16y)

2 x breach bond [agg indecent assault]

 

 

 

PG

(not stated)

6y 6m

NPP 4y 9m

(concurrent sentences for bonds)

ADchild sexual offencesPlied young male victim with alcohol - assaulted C in applicant's home

Fong

(27)

(2002) 132 A Crim R 308

[2002] NSWCCA 320

s.61J

(inflict ABH)

PG

(15-20%)

5y

NPP 3y

Crown AA

13y

NPP 8y 6m

nil

Took 6y step daughter and tied her to bed head - Gagged - Forced penile/vaginal intercourse while C screaming - Caused major injury to vagina

Fijian - Protection - Remorse

NAL

[2002] NSWCCA 346

s.61J

(under 16y)

VG

3y 3m

NPP 2y

AD 

Digital penetration in 13y stepdaughter.

No further details.

Musso

(37)

[2002] NSWCCA 487

3 x s.61J

(under 16y)

s.61N

s.61M

VG

4y 6m

NPP 2y 6m

(concurrent sentences for indecent ass)

Crown AA

5y

NPP 3y

 

nil

Stepfather of 14y complainant - Anal intercourse on two occasions and fellatio.

Stable and supportive family. Suffering from spina bifida. Need for medical treatment in custody. Protective custody.  Prior good character and reputation as caring father.

Sentence manifestly inadequate.

Gorman

(2002) 137 A Crim R 326

(2002) NSWCCA 516

s.61J

s.61I x 2

PG

(CCA -20%)

6y

NPP 3y

(5y concurrent sentences for s.61I)

Crown AA

8y

NPP 5y

 

Lured 16y old female to isolated area - Handcuffed wrists - Threatened with knife  - Fellatio and penile-vaginal intercourse.

Low intelligence.

Sentence manifestly inadequate.

Dennis

(36)

[2003] NSWCCA 137

s.61J

PG

(10%)

12y

NPP 9y

AA

10y

NPP 7y 6m

Lengthy record although not as serious

Broke into home of 15y C and waited in bedroom – Threatened C with knife and forced vaginal intercourse – C a virgin

Aboriginal with early drug and alcohol abuse

Szabo

(50s)

[2003] NSWCCA 341

s.61JVG

4y

NPP 8m

Crown AD

(sentence inadequate but appeal dismissed in exercise of discretion)

Nil

Attacked estranged wife in bedroom and forced cucumber into vagina twice – Vicious and violent attack

Appalling health

McCann

[2004] NSWCCA 48

s.61J x 4

s.61L Indecent assault

PG

(not stated)

Total:

8y

NPP 4y 9m

ADNot statedV, an overseas student, renting room in appellant's apartment - While appellant and V were watching television, appellant repeatedly asked V to take off her clothes - V refused - Appellant told V she would have to move out that night if she did not comply with his requests - V went to her room to pack her bag - Appellant punched V a number of times and committed oral, digital and vaginal intercourse.

Comert

[2004] NSWCCA 125

s.61J

(mal inflict abh)

VG

8y

NPP 6y

AA

6y

NPP 4y 6m

 

Violent assault on wife in matrimonial home culminating in forced intercourse

Error in find offence aggravated because took place at home

Slack

[2004] NSWCCA 128

2 x s.61J

(victim under 16y)

VG

5y

NPP 3y

AA

3y

NPP 18m

Nil

11-12y female assaulted by father of friend – Stayed at appellant's house – Appellant placed fingers in or around vagina on two occasions while complainant in bed – breach of trust

Good character – protective custody – volunteer firefighter

Hopkins

[2004] NSWCCA 105

s.61J

(mal inflict abh)

Not stated

2y

NPP 6m

Crown ADNil significant

Prolonged and bizarre assault on girlfriend included forcing cigar deep into vagina and taking sexually explicit photos

Suffering manic episode stage of bipolar disorder – Unprecedented behaviour – Unlikely to re-offend if take medication

Diaz

(25)

[2004] NSWCCA 251

s.61J

(in company)

VG

8y

NPP 6y

ADUnfavourable record

In company with co-offender had intercourse with 15y intoxicated complainant at Darling Harbour

Low intelligence – difficult background in El Salvador

Haines

(24)

[2004] NSWCCA 295

s.61J

(inflict abh)

PG

(not stated)

6y

NPP 4y

ADCriminal record – violence but no sexual assault – released from prison one week before offence

Sexually assaulted female friend at night in street – Assault caused unconsciousness – threatened nearby resident

Long history of drug and alcohol abuse – suffering schizophrenia and frontal lobe damage – not given medication on release from custody – combination of mental illness and alcohol and drug injection reduced culpability

Wilkinson

(57)

[2004] NSWCCA 468

s.61J

 

Sched:

2 x s.61J

PG

(CCA - 25%)

18y

NPP 13y 6m

AA

12y

NPP 9y

Numerous similar priors over 35y – had already served approx 15y for various offences

Penile-vaginal penetration with intellectually disabled 13-14y female (mental age of 8-9y), who became pregnant as a result – pregnancy terminated – Previous relationship with V's mother – Admitted further acts of intercourse with V

Institutionalised as a child – "uncontrollable" child – suicide attempt – very poor health, heart problems

AD

(15)

[2005] NSWCCA 208

s 61J

 

Sched:

s 61M

PG

(combined 40%)

2y 6m

NPP 1y 9m

ADNil

SNPP 10 years

In relationship with 15y V – In presence of 22y cousin fondled V and inserted finger in her vagina against her wishes – Cousin exposed himself and offered $100 for sex

Agreed to give evidence against cousin - High risk of re-offending – low opinion of non-Muslim women – low IQ – poor impulse control

Gill

(52)

[2005] NSWCCA 308

s.61J

 

Sched:

s.61J

Agg ind ass

PG

(not stated)

4y

NPP 2y 6m

AD 

Sexually assaulted 16y daughter with mental problems – Only just re-entered daughter's life – Penile-digital penetration

Mental condition and long term alcohol addiction

RTGS

[2005] NSWCCA 293

S61JVG

3y

NPP 18m

Conviction AD 

Babysitting 11y step-niece by marriage – digitally penetrated vagina for about 15min – conviction appeal only

Good character

Baker

(67 at sentence)

[2006] NSWCCA 135

s.61JVG

6y 6m

NPP 4y

ADLengthy – predominantly dishonesty offences

Sexually assaulted female acquaintance in her home – inflicted actual bodily harm

Ill health – very elderly mother – delay caused by failure to appear

Thorne

(36)

[2007] NSWCCA 10

s.61J

2 x s.61I

VG

13y 4m

NPP 10y

AA

11y

NPP 7y 6m

Dishonesty and sexual assault

SNPP 10 years

Sexually assaulted estranged wife – punched and hit her to head – forced penile / vaginal and anal intercourse – chased complainant from house – threats to kill - attempted suicide – impulsive offence – intoxicated and depressed – below mid range

Musgrove

(34)

(2007) 167 A Crim R 424

[2007 NSWCCA 21

s.61J

PG

(20-25%)

10y 6m

NPP 8y

ADIncite person <16 commit act indecency

SNPP 10 years

Sexually assaulted female stranger on secluded beach – threatened with knife.

BWS

(50)

[2007] NSWCCA 59

2 x s.61J

AOABH

VG

Total:

10y

NPP 6y

Crown AA

Total:

10y 6m

NPP 7y 6m

 

SNPP 10 years

Sexual assaults upon 16y niece – offences part of wider conduct.

Sentences made cumulative.

Marlin

[2007] NSWCCA 222

s.61J

PG

(20%)

5y

NPP 3y

AD 

Facts not stated.

Special circumstances. Ill-health, age, depression.

Topcu

(28)

 

 

 

 

Papadopoulos

 

[2007] NSWCCA 274

s.61J

 

 

 

 

 

2 x s.61J

VG

 

 

 

 

 

VG

10y

NPP 7y

(imposed for s.61JA)

 

 

7y 7m

NPP 5y 9m

Conviction AA: s.61JA replaced by s.61J

3y 6m

NPP 2y 3m

 

4y

NPP 2y 9m

Priors and breached conditional liberty – not regarded as serious in circumstances of case

 

Nil

SNPP 10 years

T forced female friend to perform fellatio at request of co-offender E – acting under an element of duress from aggressive and violent conduct of E – P forced fellatio and vaginal intercourse under similar duress – offences well below mid-range – both offenders could have done more to prevent offences

T – remorse – protective custody – psychological problems

P – prior good character

Rylands

(55)

(2008) 184 A Crim R 534

[2008] NSWCCA 106

s.61JVG

6y

NPP 4y

ADNil

SNPP 10 years

13y friend of A' daughter invited to sleepover party – A gave V alcohol – offered to massage V – touched V on groin area and performed cunnilingus – V in shock and protested - Spontaneous offence – assessed as below middle range of objective seriousness - breach of trust

Good character – upstanding member of community.

CM

(15)

[2008] NSWCCA 195

s.61J

 

Sched:

s.86(2)(b)

PG

(not stated)

10y 6m

NPP 6y 6m

ADDishonesty, drugs, assault police – breached bail and bond

SNPP 10 years

Accompanied 26y female to unit – Bashed V over head and body with piece of wood – Forced sexual intercourse – Detained for some time during which subjected V to further taunts and assaults - Close to worst category of offence.

Troubled background.

Carlton

(2008) 189 A Crim R 332

[2008] NSWCCA 244

 

[2014] NSWCCA 14

4 x s.61JVG

13y 4m

NPP 8y 6m

AD

 

 

 

AD

 

SNPP 10 years

Sexual assault on 10y girl in unit – anal penetration with finger, penis and vibrator – penetration of genitalia

Mental illness - segregation

Ocek

(31)

[2009] NSWCCA 42

2 x s.61JVG

8y 6m

NPP 6y 6m

ADRecord

Commenced consensual intercourse with acquaintance in boarding house room – forced attempted anal intercourse – threatened to cut throat – head butted and punched Victim's face – Forced penis into mouth – detained V in room for some time

Under influence of alcohol, cannabis and prescription drugs

Glover

(18)

(2009) 193 A Crim R 292

[2009] NSWCCA 48

s.61J

PG

(20%)

15y

NPP 10y

AA

12y

NPP 8y

AOABH, mal damage.  On bond.

SNPP 10 years

Grabbed 16y old female victim walking at night – dragged V behind bushes – punched V on face and made threatening remarks – penile vaginal intercourse.

Dysfunctional background.  SJ erred in categorising case as worst category case.  Sentence manifestly excessive.

El-Chammas

(18)

[2009] NSWCCA 154

s.61J

(inflict ABH)

 

Sched:

Assault police

Resist police

PG

(not stated)

5y

NPP 3y

Crown AA

6y 6m

NPP 4y

Nil

SNPP 10 years

Assaulted 81y female Korean tourist walking in park in early morning – threw to ground and punched – digital and penile penetration – no explanation for offence – intoxication – spontaneous offence – vulnerable victim under s.21A(2)(l)

Good character – good prospects of rehabilitation – genuine remorse

KAF

(56)

[2009] NSWCCA 184

2 x s.61J

 

Sched:

2 x s.61O Agg act indecency

PG

(25%)

Count 1:

FT 5y

 

Count 2:

8y

NPP 5y

(partially cumulative)

 

Total:

9y

NPP 6y

AA in part otherwise AD.

 

Count 1:

8y

NPP 5y

 

Count 2:

Not interfered with.

 

Total:

9y

NPP 6y

Minor

SNPP 10 years

Assaulted 11y daughter over 6 month period –part penile vaginal penetration – digital penetration.

Voluntary disclosure to police – remorse – psychotic disorder.

Mid-range objective seriousness.

Failure by SJ to comply with s45 Crimes (Sentencing Procedure) Act 1999 in respect of Count 1 – Court must set non-parole period for that count.

Dipangkear

(29)

[2010] NSWCCA 156

s. 61J (inflict ABH)

 

Sched:

1 x offence

PG

(not stated)

4y 6m

NPP 2y 3m

ADNil

SNPP 10 years

Followed 24 year old victim on street at night – grabbed victim and tried to kiss her – punched victim twice to face – undid victim's trousers – inserted finger in vagina and anus – committed offence on way home from work at restaurant – intoxicated.

Less than mid-range.

Hardship to third party – wife pregnant.

LJ

(34)

[2010] NSWCCA 289

s. 61J (V under 16)

 

Sched:

2 x agg indecent assault; Act of indecency

PG

(CCA – 25%)

2y 2m

NPP 16m

AA

18m

NPP 12m

Nil

Offences occurred 13 years ago in 1997 – Applicant then aged 22 - Oral intercourse with 14 year old male victim – friend of family – not isolated incident – abuse took place over 6 months.

No evidence that A had abused or would abuse again – A lonely at time due to lack of warmth in his own family – good character.

SJ erred in not giving discount for guilty plea.

MDZ

[2011] NSWCCA 243

2 x s.61J

 

Sched:

Indecent assault

PG

(CCA -10%)

11y

NPP 7y

AA

8y

NPP 5y

 

SNPP 10 years

Sexually assaulted 12 year old girl who was sleeping at the home of a friend and at which A was also staying – penile / vaginal intercourse and digital penetration.

Borderline personality disorder – mental health issues – cannabis dependence – these matters reduced objective seriousness of offence.

Hendricks

(42)

[2011] NSWCCA 203

s.61J (inflict ABH)

s.61I

 

Sched:

AOABH

Possess restricted substance

PG

(25%)

3y

NPP 2y 3m

 

9y

NPP 5y 6m

 

Total:

11y 3m

NPP 7y 9m

AA

Total:

9y 9m

NPP 6y 3m

Minor

SNPP 10 years

Sexually assaulted partner on two separate occasions two months apart – forced penile / vaginal intercourse on first occasion – forced oral / vaginal intercourse and attempted penile / vaginal intercourse on second occasion

Abusive childhood – good work record – appeal allowed to increase concurrence of sentences

FB

[2011] NSWCCA 217

s.61J (victim under 16y and under authority)VG

6y

NPP 4y

Crown AA

10y

NPP 6y

Sentenced for similar offence committed later in time

SNPP 10 years

Headmaster of school sexually assaulted 14y student staying with his family for two weeks – victim fell asleep after taking tablets from offender – awoke to find offender forcing penile / vaginal intercourse – just below mid-range – vulnerable victim

[prior good character – hardship in custody – loss of teaching career

RSW

[2012] NSWCCA 13

2 x s.61J

s.61M(1)

VG

9y

NPP 6y

AD 

SNPP 10 years

Stepfather sexually assaulted 9-10y daughter on at least two occasions – entered bedroom of victim early in morning – cunnilingus and placed penis in victim's hand – prior good character

Enriquez

(39)

[2012] NSWCCA 60

s. 61J

 

Sched:

Attempt agg sexual assault

PG

(15%)

8y 6m

NPP 6y

ADMinor

SNPP 10 years

Sexually assaulted 15y old daughter of ex-partner who was home alone with her two younger siblings – vaginal-penile intercourse.

A knew no adult was home and that V was vulnerable - previous familial relationship of stepfather and stepdaughter also placed V in a vulnerable position -  conduct amounted to a breach of trust.

Drug abuse – depression – supportive partner and children.

JT

[2012] NSWCCA 133

7 x s.61J

s.61I

3 x s.35

VG

24y

NPP 18y

ADViolence – breached conditional liberty

Offences committed on 19y de facto over eight months – assaulted victim with iron bar – forced mousse bottle into vagina – stabbed victim with fork and chisel and forced intercourse – assaulted victim with baseball bat and forced vaginal and anal intercourse – punched victim causing broken jaw – assaulted victim with iron bar and forced oral intercourse, fellatio and vaginal intercourse – deliberately cut leg of victim with broken plate – assaulted victim with hammer, bat and golf club forcing intercourse with electrical cord around neck

Aboriginal

DAJ

(39 at sentence)

[2012] NSWCCA 143

2 x s.61J(1)

4 x s.61M(1)

FTA

VG

3y 6m

NPP 2y 3m

 

Total:

4y 6m

NPP 3y 3m

Crown AA

s.61J offences

5y 6m

NPP 3y 3m

 

Total:

7y

NPP 4y 9m

Traffic matter2003-2007 – sexually abused daughter of de facto aged 9-13y – touched complainant on stomach, thigh and vagina while in bed on two occasions – digital penetration – kissing and attempting to touch breasts and vagina

Van der Baan

(25/26)

[2012] NSWCCA 5

6 x s.61J

s.97(1)

PG

(not stated)

17y 3m

NPP 14y 3m

AA

15y 9m

NPP 12y 9m

Sexual offences committed at similar time

1995-6 – Arranged to meet 18y female acquaintance – walked victim  to park area and threatened victim with knife – forced penile/vaginal intercourse, anal intercourse and fellatio – tied up victim and stole property – 16m later grabbed 15y female walking along bridge in early evening – threatened with knife – forced fellatio, digital penetration and vaginal intercourse – each attack callous and degrading and caused significant psychological and physical injury

Totality to sentence imposed for similar offences

Christie

(34)

[2012] NSWCCA 228

s.38- administer intoxicating drug with intent

2 x s.61J(1) (victim aged under 16y)

VG

16y

NPP 12y

AA

11y

NPP 8y

 

(sentence for s.61J offences:

8y

NPP 6y)

Offences – no sexual offences

SNPP 10 years

Befriended 14y female stranger at wharf and commenced drinking – supplied Xanax tablet lying about effect – victim accompanied offender home before passing out – placed naked in offender's bed and sexually assaulted – cunnilingus and penile / vaginal intercourse

GWM

(27)

[2012] NSWCCA 240

s.61J

PG

(25%)

5y 3m

NPP 2y 8m

Crown AA

7y 6m

NPP 4y 10m

limited

SNPP 10 years

Sexually assaulted 11y niece – woke victim in her bed and forced vaginal intercourse, ejaculating into vagina – drunk at time of offence – refused to stop when asked by victim – victim had to be tested for sexually transmitted diseases

Drug and alcohol addiction commenced after suicide of father

Eatts

(34)

[2013] NSWCCA 14

s. 61J

2 x s. 61I

 

Sched:

2 x s 61I

Indecent assault

PG

(not stated)

12y

NPP 9y

ADLengthy.  Robbery, receiving.  Previous custody.

SNPP 10 years

Sexually assaulted fellow male inmate whilst in remand – offences occurred in 2004 when aged 24 and victim aged 19.

Aboriginal – disturbed upbringing – virtually no education – psychiatric illness – drug abuse

Buksh

(36)

[2013] NSWCCA 60

3 x s.61J

 

Sched:

2 x 61J

PG

(25%)

12y

NPP 8y

ADNil

SNPP 10 years

Sexually assaulted V who was highly intoxicated – did not know V - met V and friends at railway station at night and accompanied them to a club – assured V's friends he would take V home in a taxi but instead took V to his home – digital, vaginal and anal penetration.

Prior good character.

 

Cortese

(32)

[2013] NSWCCA 148

s.61J

s.61L

PG

(CCA – 25%)

s 61J – FT 2y suspended

 

 

 

s 61L - GBB s 9

Crown AA s61J:

3y

NPP 18m

 

Crown AD s 61L

nil

SNPP 10 years

Sexually assaulted ex-girlfriend – could not accept V wanted to end relationship – would not allow V to leave A's apartment – forced vaginal intercourse – threatened V.

Prior good character.

Below mid-range - sentencing judge erred in finding offence "at bottom of range."

RO

[2013] NSWCCA 162

s.61J(1)

s.61M(1)

VG

5y

NPP 3y

 

Total:

6y

NPP 4y

ADMinor offence prior – 2 subsequent indecent assault offences

1994 and 1996 offences

Offences committed 1994 and 1996 on victim aged 13 / 15y by mother's boyfriend – on first occasion but under influence of acid – exposed penis and rubbed vagina – digital penetration – mid range

Currie

(48)

[2013] NSWCCA 267

2 x s.61J

s. 61L

VG

Total:

13y 4m

NPP 10y

ADAggravated sexual assault, BES, drugs, assault.

SNPP 10 years

Offence took place in 2005 - Sexually assaulted female V overseas tourist – had offered V a lift – stopped and threatened V with knife – oral and penile intercourse.

Offence of serious gravity.

Mental health issues.

TDP

(late 30s)

[2013] NSWCCA 303

9 x s.61JH

2 x s.61M(1)

VG

10y 6m

NPP 7y 6m

Crown AA

(to set NPP – same effective total sentence)

Nil

SNPP 10 years

Sexually abused stepdaughter aged 13-16y over 3 years – forced penile / vaginal intercourse while sharing beds in hotels and taking rest breaks in motor vehicles – on occasions provided sleeping tablets – anal intercourse and fellatio – touched vagina – similar sexual misconduct on other occasions both at home and away travelling – offences towards mid-range

Aggravating factors - Complainant under 16 years and under authority

Prior good character – mental health problems

CMB

[2014] NSWCCA 5

 

[2015] HCA 9

 

[2015] NSWCCA 166

s.61M(1)

4 x s.61J

PG

(25%)

3y GBB

 

 

 

 

 

12m custody while waiting HCA

Crown AA

5y 6m

NPP 3y

 

AA

 

Crown AD

(exercise of discretion)

 

SNPP 10 years

Sexually abused daughter aged 11-12 over 2005-2006 – touched on vagina – kissed and licked vagina on multiple occasions

Entered pre-trial diversion program for other offences – confessed to additional offences in assessment period – judge erroneously imposed non-custodial sentence in light of pre-trial program

High Court found error in approach to exercise of discretion on Crown appeal

2015 - Evidence of rehabilitation – serious medical conditions

O'Connor

(30)

[2014] NSWCCA 53

s.61J

2 x s.37

 

Sched:

7 offences

VG

7y

NPP 4y

 

FT 4y

 

Total:

12y 10m

NPP 9y

Crown AA

10y

NPP 7y 6m

 

FT 4y

FT 10y

 

Total:

14y

NPP 10y 6m

Extensive – breached bail

SNPP 10 years

Straddled girlfriend in bed and attempted to choke when she refused sexual intercourse – later choked until V blacked out when she asked him to leave – V woke up bound and gagged on bed – cut dress of V with scissors – took V to bathroom to vomit then forced shower – returned to bed and forc4ed penile / vaginal intercourse

Sustained serious brain injury from prison assault after trial

Jarrett

[2014] NSWCCA 140

2 x s.61J

2 x s.61M

VG

8y

NPP 5y

 

Lesser FT concurrent

AD 

SNPP 10y

Sexually assaulted 12y friend of daughter staying at offender's house – invited V to watch movie on sofa bed in lounge – touched breasts and genitals – cunnilingus – penile penetration – one incident

DC

[2014] NSWCCA 192

4 x 61J 

7y

NPP 5y 3m

ADExtensive.  Inflict ABH with intent to have S/i, AR, BES

SNPP 10y

Targeted attack of 15 year old female at night as V walking home – grabbed V and held knife to neck – penile-vaginal, digital intercourse and cunnilingus.

FB

[2014] NSWCCA 282

s.61J 

6y 6m

NPP 4y

ADChild sexual abuse offences.

SNPP 10y

Sexual intercourse with SE female - circumstances of aggravation V aged 14 years and under A's authority as SE's teacher and headmaster of school V was attending – with consent of V's family, was taking care of V -  A drugged V and waited until V was sleeping before having intercourse - criminal culpability considerable - significant degree of deliberation and premeditation.

Martin

(57)

[2015] NSWCCA 6

s.61J

 

s.95

PG

(25%)

10y 6m

NPP 7y

 

Total:

11y

NPP 7y 6m

ADLimited – particularly in view of longstanding mental health issues

SNPP 10y

Placed hands over windpipe of prostitute while she was performing oral sex – caused victim to become unconscious and forced penile / vaginal intercourse – victim awoke still being choked – took handbag and made threat to kill – used condom

Longstanding psychiatric problems

Walsh

[2015] NSWCCA 83

2 x 61J

2 x Att s.61J

s.61P

PG

Total:

10y

NPP 7y

ADDangerous driving cause death. 

1991 offences.

Offences took place in 1991 – cold case DNA – A arrested in 2011 – V female aged 57 – babysitting at children's home - A entered home through window – digital anal and vaginal penetration – attempted penile penetration – hit V in face – left after 15 minutes – opportunistic offence, no significant planning.

Violent upbringing – employed.

Hammond

(26)

[2015] NSWCCA 89

2 x s.61J

PG

(25%)

6y

NPP 3y

ADNil

SNPP 10y

15 year old female victim – V highly intoxicated whilst camping with A and her friends – A offered to take her home but took V to his residence – digital vaginal penetration – penile vaginal penetration – took V home.

 Prior good character – suffering depressive illness.

KA

(17)

[2015] NSWCCA 111

2 x s.61J

(in company)

VG

4y 3m

NPP 2y 3m

AD 14y female intoxicated victim – two males separated victim from group on beach at night – co-offender forced fellatio with assistance of offender – offender engaged in penile / vaginal intercourse – joint criminal enterprise – co-offender initiated offences

Herbert

(30)

[2015] NSWCCA 172

3 x s.61J

(actual bodily harm)

PG

(25%)

10y

NPP 7y

AA

9y

NPP 6y 3m

Minor

SNPP 10y

Assaulted 55y female stranger walking along beach – punched victim in face and dragged her into bushes – digital penetration – licked and sucked genitals – choked to unconsciousness – threatened children – spontaneous offence

Voluntarily attended police station concerned may have committed offence while intoxicated – suffering depression and alcohol abuse – genuine contrition  good prospects of rehabilitation

On appeal failed to give Ellis discount

El-Ali

(34)

[2015] NSWCCA 300

s.61JVG

9y

NPP 6y

AD 

SNPP 10y

Took 13y victim to hotel room and supplied alcohol – anal intercourse without consent in presence of male friend

AG

(49)

[2016] NSWCCA 102

3 x s.61J

s.61M(1)

PG

(25%)

6y

NPP 4y

AD 

SNPP 10y

V was applicant's eldest daughter – V aged between 11 and 13 – digital vaginal penetration – touching vagina.

Ellis discount – disclosure by applicant of aspects of offending not complained of by victim – remorse undermined by victim-blaming.

Erazo

[2016] NSWCCA 139

6 x s.61J

 

Sched:

3 x s.61J

2 x Agg indecent assault

Agg incite act of indecency

PG

(12%)

Agg

14y

NPP 10y

ADNil

SNPP 10y

Sexually abused 12-17y step daughter over 5 years – continued offending after matter originally reported to police but not pursued – caused pregnancy requiring abortion –rubbing of penis - fellatio – cunnilingus – digital and penile penetration of vagina – penile penetration of anus – criminality of high order

Dimian

(31 at offence)

[2016] NSWCCA 223

s.61J

 

Agg detain

 

Sched:

s.61J

PG

Agg:

9y

NPP 6y

AA

9y

NPP 4y 6m

Subsequent sexual offences

1993 offence – offered lift home to female met at bar – drove to bushland – pursued victim as she tried to run away – sustained assaulted – digital penetration – penile penetration – upper range of seriousness

Sentence accumulated to existing sentence - delay

Mooney

(45)

2 x s.61J

 

Sched:

2 x s.61M(1)

 

PG

(20%)

Agg:

11y 6m

7y 6m

AA

9y

NPP 6y

Nil relevant

SNPP 10y

Worked in nursing home - two victims with disability – digital penetration of anus of 82 year old female V while she was asleep – penile penetration of anus of second V.

In lowest 1% of population - mild intellectual disability.

DN

(25)

[2016] NSWCCA 252

s.61J

 

s.61O(2A) (aggravated Act of indecency with filming)

PG

(25%)

6y

NPP 4y

(10m concurrent)

ADBreached GBB

SNPP 10y

Took 15y complainant to offender's home at night – complainant employee at offender's father's shop – forced fellatio – took photos of complainant's breasts – approaching mid-range

Majid

(25)

[2016] NSWCCA 289

 

[2016] NSWCCA 311

2 x s.61J

 

Detain for advantage

VG

14y 6m

NPP 10y 6m

AA

14y 6m

NPP 10y

 

Adjusted

13y 10m

NPP 10y

Drug / dishonesty / traffic / assault

SNPP 10y

Manager of fast food restaurant took home 15y female employee – en route parked car and forced penile / vaginal intercourse – one month later offence repeated – first offence just below mid-range – second offence mid-range

Muldrock error

Born in Afghanistan – childhood trauma – some evidence of efforts at rehabilitation in custody

 

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