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 - Child Sexual Abuse - Sentence Above 10 Years 

 

NameOffencePlea SentenceAppealRecordInvolvement & Summary

Bamford

33 at sentence

NSW CCA

23.7.1991

s.66A

3 x s.66C

Att s.66C

PG

MT 9y

AT 3y

AA

MT 7y

AT 5y

No previous gaol

Sexually abused step-daughter aged 10-16y from 1986-1989 – part of wider pattern of sexual abuse

Protective custody – appeal allowed to adjust ratio of sentence

Tucker

NSW CCA

13.4.1992

s.66A

s.61E(1A)

VG

PG

MT 8y

AT 2y 8m

ADPriors

1988 - Showed 8y daughter R-rated video – placed her on his knee and had intercourse – arranged for mother to leave house – pre-mediated offence – not isolated offence

Low intellectual functioning

Hill

(43-48)

NSW CCA

7.7.1992

 

Co-offender:
DUNN

3 x s.78H

8 x Homosexual intercourse with boy

2 x Incite boy to have homosex intercourse with another

9 x Indecent ass

Inciting ind ass

PG

MT 12y

AT 4y

ADBad records for sexual offences

Offences committed over 4 years on 7 boys aged 9-15y – Range of sexual acts including fondling penis, oral intercourse, forced fellatio, anal intercourse, gross indecency – Encouraged sexual acts between boys – Videotaped conduct – No violence – Willing complainants

No remorse

Colquhoun

NSWCCA

9.9.1993

2 x s.78H

2 x s.66A

s.61E(2A)

 

s.78H

2 x s.61E(1)

VG

 

 

 

PG

MT 9y

AT 5y

ADMinor – second offences committed while on bail for first offencesGymnastics instructor assaulted 9y pupil – forced fellatio, digital penetration and rubbed penis against buttocks – second offences committed when forced two young boys into van – tied hands behind back and forced to floor of van – anal intercourse on youngest boy – touched penis, testicles and buttocks of older boy – took photos

H

(41)

(1994) 74 A Crim R 41

NSWCCA

2 x s.66C(2)

9 x s.76 and s.61E

PG

MT 11y 6m

AT 5y

AA

MT 8y

AT 3y

Nil

Prolonged sexual abuse of daughter aged 12m-12y – one assault on daughter's friend – 2 x penile penetration when daughter aged over 10y – regular offending

Provided additional information to authorities about offences

RWC

(41 at sentence)

NSW CCA

4.8.1994

s.61E(1)

s.67

19 x s.66C(2)

2 x s.61M(1)

s.66D(1)

PG

MT 12y

AT 3y

ADSome offences breached bailOffences committed on 4 female complainants, including 2 daughters, aged 8-15y – Penile penetration, digital penetration – Threats made – Involvement of wife

Roach

(42)

NSW CCA

29.9.1994

2 x s.78HVG

MT 10y

AT 3y 4m

AA

MT 8y 6m

AT 2y 10m

Nil sexual offences1989 - Trusted family friend – anal/penile penetration on 7y boy causing him to scream and causing damage to anus -

H

(50 at sentence)

NSW CCA

24.10.1994

s.73

s.76

s.59

2 x s.78A

5 x s.61D(1)

s.61D(1A)

2 x s.61

s.61E(1A)

VG

MT 14y

AT 6y

AA

Only to restructure sentence

Prior convictions for lesser offences including assaults

Sexual offences committed over 15y against daughter and step-daughter – Offences commenced when C aged 11y and 14y – Penile / vaginal intercourse with foreplay and self masturbation – Assaulted daughter when she ran away by shaving her head, hanging her from rafters and keeping her in room with dog collar for week – Fellatio and cunnilingus with both complainants at same time – Strip poker involving intercourse and second man - Threats and violence against all family members – Bizarre family environment

Difficult childhood and poor health

Heather

(45)

NSW CCA

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

Cruikshank

NSW CCA

2.8.1995

s.61D(1A)

s.67

4 x s.66C(2)

s.61C(1)

s.61D(1)

5 x s.61D(1A)

VG

MT 10y

AT 3y

AA

MT 9y

AT 3y

Record – no relevant offencesSexually assaulted stepdaughter – forced fellatio when victim aged 7-8y – full penile intercourse when victim aged 8y – subsequent intercourse resulted in pregnancy and birth of child – forced intercourse while victim had stitches from giving birth – punched victim in eye before forcing intercourse

Norris

NSW CCA

23.10.1995

s.78K

3 x s.61E(1A)

3 x s.66C(2)

s.61M(1)

PG

MT 8y

AT 3y

AD Sexually abused son and two daughters – forced mutual fellatio and masturbation when son aged 10-12y – digital penetration of daughter aged 13y on three occasions – indecent assaulted on second 13y daughter – offences on first two victims representative counts

ED

(52 at sentence)

NSW CCA

22.11.1996

s.73

s.61E(1)

5 x s.78A

6 x s.66C(2)

Att s.66C(2)

s.61L

PG

16y

NPP 13y

AA

13y

NPP 10y

 Offences committed against 2 daughters aged 8-20y and 10-21y – representative counts

Hardy

(24-32)

NSW CCA

5.6.1997

10 x s.81

5 x s.61D

2 x Att s.61D

s.61E(1A)

PG / VG

MT 7y

AT 4y

ADNil1986 - Teacher assaulted male child aged 8-16y – Close family friend

Fisk

(26 -41)

NSW CCA

21.7.1998

8 x s.79

s.81

4 x s.61E(1A)

s.61D(1A)

4 x s.78K

Aid and abet s.78K

2 x Aid and abet s.66A

3 x s.61D(1A)

PG

MT 9y

AT 3y

AD 1974-1989 – sexually abused three male victims aged 13-19y – all victims from dysfunctional families – offences representative of paedophilic lifestyle

Reid (AGR)

(47 at sentence)

NSW CCA

24.7.1998

2 x s.81

s.79

 

2 x s.81

2 x s.66A

s.61M(2)

2 x s.61N

 

Sched:

8 sexual offences

VG

 

 

PG

MT 12y

AT 4y

AA

MT 8y

AT 4y

Nil relevant

Representative counts – Offences committed against 6 complainants including younger brothers - Indecently assaulted one brother since child aged 3y, including buggery at 14y – Fondling and rubbing penis, placing complainant's penis in mouth, rubbing against buttocks, anal penetration

Dysfunctional childhood – Sexually abused

Reynolds

NSW CCA

7.12.1998

s.79

s.73

s.76

6 x s.81

PG

MT 3y

AT 2y

Crown AA

MT 8y

AT 3y

 Offences committed on 3 step children – Not isolated incidents – Few facts

Thomas

(32-40 / 52 at sentence)

[1999] NSWCCA 168

5 x s.79

3 x s.78K

s.61D(1)

s.61E(1)

 

Sched:

16 sexual offences

PG

MT 4y

AT 2y

 

Crown AA

MT 8y

AT 4y

Committed offences committed before and after these offences – including sexual offences

1978-1986: Oral and anal intercourse, masturbation and indecent touching outside clothing – victims aged 10-15y – representative counts – targeted children from troubled homes and befriended them - no violence of force but significant breach of trust

Sexually abused as a child

Many

[1999] NSWCCA 241

11 x s.61J

7 x s.61O(2)

3 x s.61M(1)

2 x s.61N(1)

PG

MT 8y

AT 4y

ADUnknownOffences committed on 5 young boys over 12 months – Threats of violence

Colby

(49-50)

[1999] NSWCCA 261

2 x s.61J

11 x s.66C(2)

s.61

VG

MT 16y

AT 6y

AA
MT 12y

AT 4y

Nil relevantCustodian of 12y C - Sexually abused her over 13 months - Penile - vaginal intercourse - Anal intercourse - Forced intercourse with dog - Sexual intercourse at same time with second offender - Gross betrayal of trust

White

(64)

[1999] NSWCCA 336

Admin stupefying drug

3 x s.61N(1)

s.61J

s.61L

VG

MT 10y

AT 2y

ADdrug related

Looking after 13y female - Requested sex from C three times - C drugged and awoke to find injuries on vagina - Drugged 14y C then forced her to have penile/vaginal intercourse - 16y C drugged and awoke to find underwear removed.

Little chance of rehabilitation

ADW

(40-50)

[1999] NSWCCA 374

3 x s.73

2 x s.66C(1)

Aid and abet s.73

2 x s.66C(2)

 

Sched:

11 similar offences

PG

MT 11y

AT 3y

AA

MT 9y

AT 3y 6m

Minor – no sexual offences

1988-1995 – sexually activity with two daughters, step-daughter, step-son and niece aged 13-17y – sexual intercourse with victims – supervised and encouraged step-son to have regular intercourse with step-sister

Deprived childhood including sexual abuse

R A L

(31-58 at offences – 71 at sentence)

[2000] NSWCCA 53

3 x s.67

9 x s.79

10 x s.71

2 x s.63

4 x AOABH

3 x s.76

2 x s.73

4 x s.81

Assault

PG

MT 12y

AT 4y

AD 1953-1980 – sexually abused seven members of family – representative counts – anal intercourse with step daughter and young step son caused injury – placed hand over mouth of 8y step daughter to prevent screaming during vaginal intercourse – placed pillow over head of 4y victim to prevent screaming during vaginal intercourse – extreme sexual and nonsexual violence – kicked female victim with steel capped boots causing unconsciousness – forced sexual depravity with family dog

HJS

[2000] NSWCCA 205

5 x s.67

3 x s.76

2 x s.72

VG

MT 10y

AT 3y 4m

 

(concurrent sentences)

Conviction AD 1970-1981 Sexually abused four daughters aged 4y-13y – digital and penile penetration – forced touching of penis – victims aged

AB (No.2)

(25-36)

[2000] 117 A Crim R 473

NSWCCA

7 x s.61D(1A)

6 x s.61D(1)

7 x s.61E(1A)

17 x s.61E(1)

22 x s.81

7 x s.61E(2)

s.78Q(1)

PG

MT 13y 6m

AT 4y 6m

AA

MT 12y

AT 3y

 

Representative counts against 15 school students aged 7-11y between 1976-1987 – Teaching brother in Catholic Church – Total control over complainants and situation – Enticed complainants to room to look at train set – Fondled genitals – Masturbated C to orgasm – Mutual masturbation – Forced mutual masturbation between complainants – Simulated intercourse – Some complainants undressed – Indecently assaulted girls in classroom – Digitally penetrated two girls at desk of classroom – Assaulted girls in theatre – Cunnilingus – Forced masturbation – In school playground forced C to touch naked penis – Called one C to classroom during school fete – Returned to assault one C 3 years later

Some rehabilitation – unlikely to re-offend

Dawson

(50 at appeal)

[2000] NSWCCA 399

2 x s.66C

61M

2 x 61L

9 x s.66C(2)

Admin stupefying drug

 

Sched:

4 x s.61I

3 x s.61M

PG

MT 10y 6m

AT 3y

AD 

Singing teacher assaulted young girls

C1 - provided 14y friend of niece with alcohol then forced fellatio and intercourse

C2 – Supplied alcohol to 14y C and digitally penetrated while asleep – 3 subsequent sexual intercourses over objection

C3 – rubbed hands over breast during singing lessons

C4 – pulled C on to lap

C5 – drugged with benzodiazepine – Sexually explicit photos taken while unconscious

C6 – sexual conduct with 14-15y – tongue in mouth, digital penetration, cunnilingus and penile intercourse

W

[2001] NSWCCA 172

s.79

4 x s.78K

s.78L

s.66C

 

Sched:

11 sexual offences

PG

MT 8y

AT 2y 6m

 

AD Sexually abused 7 vulnerable male teenagers aged 10-17y – systematic seduction and debauchery

MJK

(27-30)

[2001] NSWCCA 325

s.61J

2 x 66C

78K

578C (child pornography)

 

Sched:

8 related off

PG

(25%)

16y 9m

NPP 14y 4m

AA

14y

NPP 11y.

driving offences – on bail

Inserted fingers into anus of severely intellectually disabled 14y girl at disability service centre – other Cs under 16 years - Some victims contacted through internet.

Need for psychiatric help – Sexual disorder - Remorse - Rehabilitation.

TO

(29)

[2002] NSWCCA 252

s.61D

9 x s.61J

VG

27y

NPP 20y

AD Broke into flats and sexually assaulted 4 complainants - One C 12y girl - Threatened some Cs with knife

Fong

(27)

(2002) 132 A Crim R 308

NSWCCA

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

Ryan (No.2)

(34-53y)

[2003] NSWCCA 35

9 x s.81

3 x s.61D

s.78Q

s.61O

 

Sched:

39 offences

PG

MT 11y

AT 5y

(cumulative to existing sentence for similar offences)

 

Total:

20y

NPP 15y

AA

14y

NPP 10y

 

New Total:

18y

NPP 14y

 

Offences committed by parish priest from 1972-1991 – Complainants aged 6-14y – Members of congregation – Fondling genitalia, masturbation, fellatio, simulated anal intercourse

Failure to give some credit for good character

LWP

(62 at sentence)

[2003] NSWCCA 215

s.61D(1)

s.61M(1)

s.61J(1)

PG

11y 6m

NPP 8y 6m

AA

11y 6m

NPP 7y 6m

 Intercourse with 9y niece – Indecent assault on 9y daughter – Intercourse with second daughter aged 12-13y – no further details – error in ratio.

HQ

[2003] NSWCCA 336

2 x Att strangle W/I to commit agg ind ass

s.61J

PG

13y

NPP 10y

AD 

Assault committed on 15y stepdaughter – Forced C downstairs at night with knife – Threatened brother and cousin – Attempted to strangle twice – Sexually assaulted while unconscious

Major depressive illness

Smith

[2003] NSWCCA 353

3 x s.66A

2 x s.61M(2)

PG

(15%)

Total:

11y

NPP 8y

(cumulative on further sentence)

AD Assaults committed upon stepdaughter aged 8-9 years old – Forced victim to perform fellatio.

TJ

(51 at sentence)

[2004] NSWCCA 59

s.79

s.66A

s.66C(1)

 

Sched:

2 x s.66C(1)

PG

11y

NPP 7y

AD 1988-1989 - Buggery on 9y son – penile intercourse and anal intercourse with daughter on two different occasions – not isolated offences

CJP

(44-45)

[2004] NSWCCA 188

2 x s.66C(1)

3 x s.61J

 

Sched:

5 related sexual offences

PG

(25%)

11y

NPP 7y

Crown AA

14y

NPP 10y 6m

Not significant

Sexually abused 13y daughter, 13y son and 10y daughter of girlfriend – Not part of ongoing abuse – Involvement of mothers of two complainants

Incited son to have intercourse with mother and Respondent's girlfriend – Vaginal intercourse with daughter on two occasions – Made son masturbate in front of third complainant – attempted anal intercourse with son – anal intercourse with daughter – forced son to perform fellatio – digital penetration on third complainant

Protective custody

Dunn

(60 at sentence)

[2004] NSWCCA 346

 

 

 

Co-offender:

HILL

3 x s.61E(2)

2 x s.61E(1)

11 x s.78K

3 x s.78H

2 x s.78L

s.66C

2 x s.61N

3 x Supply prohibited drug

PG

(10% on appeal)

30y

NPP 22y 6m

AA

20y

NPP 18y

nil

Sexually abused number of boys, using drugs and money – one victims aged under 10y – offences videotaped by co-offender – proud of offences

Poor health – protective custody – no insight

Suey

(34)

[2005] NSWCCA 22

s.112(3)

s.33B(1)(a)

s.90A

6 x s.61J

VG

MT 15y

AT 5y

ADAssaults in LCA in company broke into house, shot at and wounded a man, then abducted a 15y girl (V) and forced her to engage in repeated vaginal and anal sexual assaults and fellatio. Issue on appeal whether a lesser sentence would have been imposed if SJ aware that A had intervened to prevent V being assaulted with a wheel brace by a co-offender, and question of disparity. No mitigation of criminality.

Lawson

[2005] NSWCCA 346

5 x Admin stupefying drug

2 x s.61J

Agg ind assault

 

Sched:

7 offences

PG

(15%)

13y

NPP 9y 6m

AD Youth leader at church – Paedophile – Provided adolescent boys with nitrous oxide (laughing gas) – sexually abused 13y victims while unconscious – Took video

TWP

[2006] NSWCCA 141

s.61E(1)

12 x s.66C(2)

s.78A

2 x s.61M(1)

s.61

PG

(33.3% plea and Ellis)

10y

NPP 7y 6m

Crown AA

16y

NPP 12y

 Sexual abuse of three daughters over 17 year period commencing when one victim was 7 years old.

RJP

(52 at sentence)

[2006] NSWCCA 149

s.67

s.76

s.61D

s.66A

 

Sched:

10 similar offences

PG

(20%)

12y

NPP 8y

ADRecord for sexual offencesSystematic abuse of family members over long period of time – at 15y sexually assaulted 9y sister – cunnilingus and penile penetration – at 21y sexually assaulted same complainant aged 14y – digital penetration and forced fellatio – Between 21-33y sexually assaulted various female cousins aged 5-9y – serious breach of trust

Cunningham

(58)

[2006] NSWCCA 176

10 x s.61M(2)

7 x 61O(2)

s.66B(2)

PG

(20%)

15y 6m

NPP 9y 6m

AA

12y 9m

NPP 7y 9m

Priors for similar offences – breached bond

Sexually assaulted four girls aged less than 10y over 15 months – daughter of de facto and three students being tutored – touching inside and outside clothes – filming of child's vagina – exposure of penis – tongue kissing – rubbing penis against cheek – attempted penile / vaginal intercourse – breach of trust

Paedophile – serious assault in custody causing serious injuries – protective custody – health problems

MLP

(39)

(2006) 164 A Crim R 93

NSWCCA

s.66AVG

16y

NPP 12y

AA

16y

NPP 11y

Minor

Penile intercourse with 9y daughter on camping trip – in presence of young children – significant breach of trust – Mid range objective seriousness.

Protective custody – health problems – reasonable prospects of rehabilitation

KJR

(57 at sentence)

(2007) 173 A Crim R 226

NSWCCA

s.67

s.61E

3 x s.73

AOABH

VG

12y

NPP 9y

ADNilSexually assaulted daughter aged 9-13 over extended period of time – actual violence

G A T

(35 at first offence – 56 at appeal)

[2007] NSWCCA 208

s.71

s.61E(1)

s.61M(1)

s.61O(1)

s.66C(4)

s.66C(2)

PG

(25%)

13y

NPP 9y 6m

AA

10y 6m

NPP 7y

nil

1985 – commenced sexually assaulting daughter aged 13y – forced fellatio, digital penetration and penile/vaginal intercourse – sexual relationship continued into victim's 20s

2004 – sexually assaulted grandsons aged 10y and 13y – masturbation and fellatio

Not isolated offences - remorse

DJB

(40)

[2007] NSWCCA 209

2 x s.61J

Unlawfully cause to take overpowering drug with intent

VG

12y

NPP 8y

Crown AA

14y

NPP 10y

Continual offending but not serious – no custody

14y girl staying across road visited to play with sons – given drink with diazepam – woke up in bed – sexually assaulted while asleep by both respondent and son

Alcoholic

Ivimy

(64 at sentence)

[2008] NSWCCA 25

8 x s.61M(2)

4 x s.61M(1)

s.61L

PG

(10%)

11y

NPP 8y 3m

ADRecord for similar offences

Sexually abused daughter of de facto aged 7-17y – rubbed and touched vaginal area with hand and penis – some offences committed with co-offender – offences committed in many different places – breach of trust

History of deprivation and sexual abuse

Featherstone

(58 at sentence)

(2008) 183 A Crim R 540

NSWCCA

3 x s.81

3 x s.81A

5 x 78K

78Q(1)

 

Sched:

12 offences

PG

(10%)

16y

NPP 12y 11m

AA

12y 7m

NPP 7y

(partially cumulative to existing sentence for child porn)

Prior good character – served sentence for subsequent child porn offencesSexually abused four males aged 11-14 years – targeted vulnerable males – breach of trust – invited males to apartment and on outings – mutual masturbation and sucking of penis – partial anal intercourse – offences committed over 5 years

RJA

(30)

 

(RA)

[2006] NSWDC 138

Finnane QC DCJ

 

(2008) 185 A Crim R 178

NSWCCA

 

[2014] NSWCCA 89

3 x s.66AVG

21y

NPP 16y

AA

17y

NPP 13y

 

 

 

 

 

AA

(Muldrock error)

15y

NPP 11y

Nil

Sexual assaulted daughter aged 8 –9y over seven months – penile penetration of genitalia – Digital penetration

Prior good character

Fisher

(36-38)

[2008] NSWCCA 129

2 x s.61J

3 x s.61M(1)

PG

11y

NPP 7y

AD 

Sexually abused 13y twin daughters of ex-de facto wife while in his care – Undressed first complainant and fondled vagina despite protests to stop – placed penis against vagina – Placed vibrator in vagina of second complainant then forced penile intercourse – Representative counts

Difficult and abusive childhood – sole carer for two sons, one with Asperger's Syndrome

Phipps

(40)

[2008] NSWCCA 178

11 x s.66C(2)

5 x s.61M(1)

VG

14y

NPP 11y

ADOn bail for similar offences involving victim's siblings

Sexually assaulted step-daughter aged 12-15 years over 3 year period – Threatened violence towards victim's mother if victim did not comply – victim in "virtual sexual servitude".

Tragic upbringing.

Evans

[2008] NSWDC 280

Hulme SC DCJ

4 x s.81

s.78Q(1)

s.61E(2)

3 x s.61E(1A)

6 x s.78N

3 x s.78

VG

15y

NPP 9y 6m

 nil

Priest working at centre for disadvantaged boys sexually abused boys over several years – multiple victims – gross breach of trust – old offences

Protective custody

Carlton

(2008) 189 A Crim R 332

[2008] NSWCCA 244

 

[2014] NSWCCA 14

4 x s.61JVG

13y 4m

NPP 8y 6m

AD

 

 

 

AD

 

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

Mental illness – segregation

SGJ

(40-1)

 

 

 

 

 

 

 

KU

(40-41)

 

[2008] NSWCCA 258

s.61M(1)

s.61M(2)

5 x s.91G(1)

7 x s.66A

s.61O(1)

 

Sched:
18 offences

 

s.61M(2)

5 x s.91G(1)

7 x s.66A

s.61O(1)

 

Sched:
16 offences

PG

(20-25%)

 

 

 

 

 

 

 

PG

(20-25%)

22y

NPP 15y

 

 

 

 

 

 

 

22y

NPP 15y

AA

Same effective sentence imposed

 

 

 

 

 

AA

20y

NPP 13y

Minor

 

 

 

 

 

 

 

 

Nil

Husband and wife – sexually abused young children over 10 month period – abuse of trust – seven female victims aged younger than 12y – cunnilingus, fellatio, digital penetration vagina and anus, penile penetration – rubbing of vagina and breasts – took photographs – some V never identified – breach of trust

SGJ – male – little insight into offending – anti-social personality disorder – prospects of re-offending

KU – female – parity issue

Dousha

[2008] NSWCCA 263

s. 66A

6 x s61E(1)(A)

s.66C(2)

PG

(15%)

10y 6m

NPP 7y

AA

10y 6m

NPP 5y

 Sexually abused children of neighbour over three year period in 1980s – victims aged 5-6 and 8-11 years.

Risby

(35-38 at offences)

(64 at sentence)

[2008] NSWDC 300

Hulme SC DCJ

2 x s.76A

7 x s.73

5 x s.76

s.61D(1)

VG

11y 6m

NPP 7y

 insignificantSexually abused two step-daughters over several years – indecent touching, cunnilingus, forced fellatio, penile and digital penetration – old offences

PN

(41)

[2008] NSWDC 353

Cogswell SC DCJ

4 x s.66C(1)

3 x use carriage service to procure

s.73(1)

2 x s.66C(3)

3 x Possess child porn

Disseminate child porn

 

Sched:

Numerous similar offences

PG

(25%)

15y

NPP 10y

 No significant record

Contacted young girls over the interview and conducted conversations about sexual activity – aware of the age of the victims – met 13y girl and committed sexual activity in motel room – penile and digital intercourse and fellatio – had penile / vaginal intercourse with different 13y met through internet – had sexual relationship with stepdaughter aged 12-17y – regular fellatio – found in possession of 1,300 images of child pornography including very young children, penetration, bondage and bestiality – disseminated 157 pornography images

Protective custody – some prospects - remorse

NRW

(45 at appeal)

[2008] NSWCCA 318

3 x s.66A

s.61O(1)

2 x s.61J(1)

s.61I

s.78L

s.78N

 

Sched:

s.61E, 61O(1), s.61J(1)

PG

19y

NPP 14y

ADLengthy.  Violence, sexual assault, drugs.Sexually abused daughter, son and step daughter from 1989 – 2001  - children aged from 6 – 15 years during period of abuse.

Clarke

(41 at sentence)

[2009] NSWCCA 49

2 x s.66C(2)

s.66C(4)

PG

(15%)

11y

NPP 8y

AD 

Step daughter left in care after mother left relationship – Sexual intercourse commenced just after V's thirteenth birthday – two children born of relationship – slightly above mid-range

Limited insight – protective custody

BR

(31)

[2009] NSWDC 116

Cogswell SC DCJ

5 x s.66A

s.61O(2)

2 x s.66C(2)

 

 

Sched:

2 x s.66A

s.61O(1)

s.66C(2)

PG

(25%)

18y

NPP 13y

 minorOffences committed against four step-children and one natural son all aged less than 11 years – penile/vaginal intercourse – forced fellatio – forced children to engage in sexual activity – forced fellatio on all children including 2y son -

CPW

(58)

(2009) 195 A Crim R 149

NSWCCA

2 x s.61L

3 x s.61E(1)

3 x s.61M(1)

s.66C(1)

s.61N(1)

2 x s.61D(1)

s.76

 

Sched:

Indecent assault

2 x Agg indecent assault

PG

(25% plus Ellis discount)

12y 6m

NPP 11y 8m

AA

12y

NPP 8y

Child sexual assaultBetween 1980-1986 and 2002-2006 sexually assaulted granddaughters and girls who were part of A's extended family.

PH

(72 at sentence)

[2009] NSWCCA 161

8 x s.76

3 x s 67

6 x s.73

PG

(20%)

17y

NPP 12y

AA

14y 6m

NPP 6y 6m

Nil

1966-1974 – sexually assaulted daughter aged 8-15y – one indecent assault on second daughter aged 11/12y – wide range of sexual assaults including penetration by objects – pregnancy at 13y terminated – 33y delay

Very low intellectual capacity – physical health problems

SAT

(38-9)

[2009] NSWCCA 172

3 x Att use 13y for porn purposes

3 x Aid and Abet s.66A

Produce child porn

Disseminate child porn

 

Sched:

3x Porn offences

PG

(40% plea and assist)

13y 9m

NPP 9y

AA

10y 6m

NPP 9y

Nil relevant

Female corresponded with male in America – At male's request unsuccessfully sought to obtain naked photos of 13y niece – bribed and threatened – had 6y and 9y daughters undress and perform various acts including cunnilingus on each other – took photos and sent them to male – gross breach of trust – offences performed in home of victims

Remorse – assistance against co-offender – protective custody

Orkopoulos

[2009] NSWCCA 213

Supply cannabis

Possess child pornography

13 x supply cannabis

4 x supply heroin

s.61I

7 x s.78K

2 x s.61L

s.61M(1)

PG

 

VG

13y 11m

NPP 9y 3m

AA

13y 8m

NPP 9y

 

Smoked cannabis with 15y males and supplied heroin on numerous occasions – engaged in sexual activity with complainants including fellatio and anal intercourse on more than one occasion – three complainants – offences committed over several years

Council member and member of parliament

MAJW

[2009] NSWCCA 255

3 x s.61M(1)

3 x s.66C(4)

7 x s.66C(2)

s.91H(2)

VG

10y 8m

NPP 9y

AA

10y 8m

NPP 8y

 Sexually assaulted step-daughter aged 11-14y -

Simpson

(58 at sentence)

[2009] NSWCCA 297

s.61I

s.66C(1)

s.66C(2)

3 x s.61M(1)

Possess ammunition

PG

(25%)

17y 6m

NPP 13y

AA

14y 6m

NPP 10y

Convictions under s.78K and s.61M – breached bond for property offenceSexually assaulted 5 males aged 12-16y – befriended family of two victims and commenced sexual activity with victims – indecent touching, forced fellatio and penile/anal intercourse – befriended parents of two more victims – on multiple occasions grabbed penis and genitals of brothers and their cousin

Giles v DPP

(2009) 198 A Crim R 395

NSWCCA

7 x s.66C(2)

s.61O

 

Sched:

7 offences

PG

(25%)

16y

NPP 11y

AA

11y 6m

NPP 9y 6m

 

Offences took place 1995-99 when victim aged 11-15y – stepdaughter – continued sexual behaviour over long period - masturbated while in bath with victim – sucking breasts and digital penetration – forced fellatio – cunnilingus – penile penetration

Remorse

Allen

(45)

[2010] NSWCCA 47

2 x s.66A

s.86(1)

PG

16y

NPP 12y

AA to reduce sentence for kidnapping – overall sentence unchangedChild sexual offences

Befriended family of 5y boy in caravan park – when boy alone in TV room took him into bush and performed fellatio – well above mid-range

Alcohol abuse

McGrath

(2010) 199 A Crim R 527

NSWCCA

2 x s.61J

s.61M(2)

VG

14y 6m

NPP 10y 6m

AA

12y

NPP 9y

Nil relevantPenile / vaginal intercourse when stepdaughter aged 9y – on second occasion forced to touch offender's penis – second offence of penile/vaginal intercourse 18m later

Hitchen

(44)

[2010] NSWCCA 77

s.474.19(1)(a)(iii) - Transmit child porn

s.474.19(1)(a)(i) - Access child porn

s.91H(3) - Possess child porn

s.66EA(1)

s.91G(1)(a) - Use child for porn

s.474.19(1)(a)(iii) - Transmit child porn

 

Sched:

2 x transmit child porn

4 x use child for porn

PG

(25%)

24y

NPP 18y

AA

18y

NPP14y

NilSexually abused daughter of former partner over 3 years – V aged 7-9y – videotaped some offences and transmitted them overseas – offences continued while child asleep – involved intercourse – extensive planning - also in possession of 729,000 images and 2,700 videos of child pornography – some offences in worst category

AWKO

(33)

[2010] NSWCCA 90

s.66A

Breach AVO

PG

(25%)

12y 87m 28d

NPP 8y 3m13d

ADNil priors

Anal intercourse with 6y daughter – mid range – spontaneous offence

Good prospects of rehabilitation

SJH

(32-39)

(50 at sentence)

[2010] NSWCCA 32

2 x s.66A

2 x s.61M(2)

2 x s.61M(1)

s.66C(2)

Att s.66D

 

Sched:

9 sexual offences

PG

(25%)

9y

NPP 5y

Crown AA

12y

NPP 8y

Nil

Sexual abused 7-13y daughter – digital penetration – indecent touching of genitalia – forced touching and licking of penis – touching of breast – cunnilingus – attempted penile penetration – 10 delay – continued offending after being caught by victim's mother

Low risk of re-offending

Majid

(25)

[2010] NSWCCA 121

2 x s.61J

s.86(1)(b)

VG

14y 6m

NPP 10y 6m

AA

13y 10m

NPP 10y 6m

Criminal record – traffic and minor assault, fraud and drug offences

Manager of McDonalds restaurant offered to drive 15y worker home – drove to car park and forced penile / vaginal intercourse – offence repeated one month later – offences below mid-range and mid-range

Refugee from Afghanistan - PTSD

RWB

(34-35 at offences - 54 at sentence)

(2010) 202 A Crim R 209

NSCA

8 x s.66A

s.61E(2) / 61N

3 x s.61E(1) / 61M(2)

VG

7y 6m

NPP 5y

 

Crown AA

11y 4m

NPP 8y 6m

minor1990-1991 - Sexually assaulted niece aged 6-7y on nine separate occasions – digital penetration of anus and vagina, penile penetration of vagina, indecent touching, forced kissing of penis – detained victim in locked bedroom during one assault

W

(restricted)

(56)

[2010] NSWDC 214

Berman SC DCJ

120 counts

Offences included:

s.66A(1)

s.66C(1)

s.66EA

s.61M

s.61O

Use child for pornographic purposes

Possess child pornography

VG

32y

NPP 26y

 Prior sexual offences

Sexual abuse of eight children over ten years – video recorded offences - counts reflect small portion of offences shown on recordings – some victims forced to endure sexual abuse over many years – participation induced by offers of alcohol, drugs and money – children in care of offender – children aged between 14m and 13 years – enormous harm to victims

Pornography offences largely relate to video recordings of offences

Protective custody – modest discount given for conduct of trial

Ingham

[2011] NSWCCA 88

 

[2014] NSWCCA 123

 

8 x s.66A

2 x s.61M(2)

s.66B

VG

22y

NPP 17y

AA

To adjust two sentences – same total sentence

 

AA

(Muldrock error)

17y

NPP 13y

Prior recordSexual offences against 8y and 9y females over two days – friend of family staying with older victim and babysitting girls – digital penetration, licking breasts, tongue in vagina, indecent assault with penis, attempted fellatio, fellatio, penile/vaginal penetration - breach of trust – all offences committed in presence of other victim – not isolated incidents – degree of planning

HJWG

(54) at sentence

[2011] NSWCCA 50

s.66A

s.61M(2)

2 x s.61M(1)

PG

(25%)

11y

NPP 8y

AD 

SNPP 15y

Sexually assaulted daughter aged 7-10y during access visits – placed tongue in victim's mouth during a kiss – digital penetration of anus – indecent rubbed of bottom and vagina – encouraged victim to touch penis and testicles – s.66A offence below mid-range seriousness

PFC

(44-5 at first offence)

[2011] NSWCCA 117

2 x s.61M(1)

7 x s.66C(1)

2 x s.66C(4)

2 x s.66C(3)

2 x s.66D

2 x s.91G(1)(a)

 

6 x s.319 (act with intent to pervert course of justice)

VG

14y 5m

NPP 10y 9m

Crown ADDishonesty offences – breached bond for GIC offence – last offence committed on parole for act of indecency offence

Offences involved 6 teenage male complainants over 1997-2009 – contacted and groomed young men – one complainant under offenders care through DOCS – indecent touching, masturbation, oral intercourse and anal intercourse – took photos of complainants in sexual positions

Section 319 offences related to preparing and attempting to prepare false evidence including recording victims recanting allegations

IS

[2011] NSWCCA 142

2 x s.66A

s.61M(2)

s.66EA

s.61M(1)

s.61O(1)

VG

 

 

 

PG

11y 8m 29d

NPP 9y 2m 28d

AA

11y 8m 29d

NPP 8y 2m 28d

Minor offences as a teenager

1997 -2004 – sexually abused daughter aged -8-15y – penile and digital penetration and cunnilingus – indecent touching

Difficult childhood involving sexual abuse

McIntosh

(21-22 in Inverell

33-35 in Sydney

53 at sentence)

 

[2011] NSWDC 160

Finnane DCJ

2 x s.61E(1)

3 x s.61E(1A)

2 x s.78Q(1)

2 x AOABH

12 x s.61M(1)

8 x s.81

4 x assault

6 x s.79

4 x s.78K

3 x s.61L

VG

32y

NPP 20y

 Committed similar offences 1985-6 – offences in 1991-2 committed while on parole

1977-1983 – sexually abused teenage boys in Inverell

1991-1992 – sexually abused teenage boys while leading cadets in private school in Sydney

Gave gifts to victims and ingratiated himself with families – dominated lives of victims - indecent touching, simulated intercourse and anal intercourse – engaged in sexual humiliation – physical assaults included smacking on naked backsides with electric cord, belt and wooden paddle – unrepentant paedophile – enjoyed inflicting pain

ARS

[2011] NSWCCA 266

s.66EAVG

14y

NPP 10y

AD 2002-2007 – sexually abused 11-16y stepdaughter – routine sexual activity – touching inside and outside of vagina – digital penetration – touching of penis – mouth on vagina – simulated intercourse

MH

(43)

[2011] NSWCCA 230

s.66A

4 x s.66C(2)

2 x s.61M(2)

2 x s.61J(1)

PG

(25%)

20y

NPP 15y

AA

15y

NPP 12y

Old record

2005-2007 – sexually assaulted two stepdaughters – J aged 10-12y – digital penetration of anus – forced fellatio – sucking and touching of breasts - B assaulted over three months while aged 15y – penile / vaginal intercourse

Suffering depression – poor health

JRM

(late 50s)

[2012] NSWCCA 112

 

2 x s.66A(2)

s.91H(1)

s.474.17 (Cth Code)

s.91G

 

Sched:

2 x s.61O(2)

s.61M(2)

PG

(25%)

12y

NPP 9y

AA

Same effective sentence imposed

Nil

Sexually assaulted 9y son over 'substantial period' – touched child's penis then sucked it – one different occasion son sucked offender's penis for short time – representative counts

Pictures of young female child being sexually assaulted on computer – sent recordings of masturbating self or wife while communicating with male over internet – recorded wife sucking victim's penis for web cam

Breach of trust – no violence or threats

DS

[2012] NSWCCA 159

 

[2013] NSWCCA 313

 

s.66EA

2 x s.61M(2)

s.61O(2)

VG

10y

NPP 6y 9m

 

Total:

13y

NPP 9y 9m

AA

(same effective sentence)

 

AA

To correct error as to SNPP – same effective sentence

Nil relevant

1999-2007 – sexually assaulted daughter of de facto while living at home and subsequently during contact visits – victim aged 5-13y - touched vagina – forced touching of penis – digital penetration of vagina

Breach of trust

KSC

[2012] NSWCCA 179

s.61M(1)

4 x s.66C(2)

2 x Att s.66C(2)

s.61O(1)

s.61J

s.61

 

Sched:

Child porn offence

VG

15y

NPP 10y

Conviction AD 
1997-2003 – systematic sexual abuse of niece aged 12-18y after she joined family – used force early in relationship – cunnilingus – masturbated in presence – forced fellatio and ejaculation into mouth – several unsuccessful attempted at penile penetration – successful attempt at penile penetration followed by frequent intercourse – incident where became angry with complainant and kicked and started strangling her

Brown

(24-45)

[2012] NSWCCA 199

2 x s.79

4 x s.78K

10 x s.81A

s.78Q

s.61E(1)

s.61I

16 x s.81

 

Sched:

20 similar offences

PG

10y

NPP 6y

Crown AA

20y

NPP 12y

nil
(1974-1996) Met some complainants as church youth group leader – met other complainants through family or social groups - arranged for complainants to stay overnight or during holidays - supplied alcohol and drugs and sexually abused 20 teenage male complainants over 22 years

RLS

[2012] NSWCCA 236

2 x s.81

4 x s.78K

2 x s.78Q

 

Sched:

7 related offences

 

s.91H

PG

(8%)

10y 6m

NPP 7y 9m

 

 

 

 

 

FT 20m

 

Total:

10y 6m

NPP 9y

AD

Child sexual offences – committed at same time

 

Child pornography offences breached parole

1980: assaulted 14y male acquaintance during work experience – fondled penis over underpants, simulated sex

1987: forced fellatio on numerous occasions on 14y male acquaintance – fellated victim – anal intercourse placing hand over mouth to stop screaming – several offence committed in victim's home

1989: masturbated male acquaintance on two occasions

Groomed victims through mutual membership of Jehovah's Witness church – first two victims brothers of victim of earlier offences

2006: Found in possession of child pornography at time of arrest – 31 images of young males – below mid-range - recidivism

PK

(18)

[2012] NSWCCA 263

s.66A

PG

(25%)

13y

NPP 8y

AA

12y

NPP 6y

 
Sexually assaulted 13 month old baby – digital penetration of vagina – resulted in bleeding – sutures required.

Dysfunctional upbringing- rehabilitation.

Essex

(30)

[2013] NSWCCA 11

s.66A

 

2 x s.43A

Att pervert course of justice

VG

 

PG

15y 6m

NPP 11y

 

Total:

16y 6m

NPP 12y

AA12y

NPP 8y 6m

 

Total:

13y

NPP 9y 6m

 Moved in with mother of 3y female victim and assumed parental care and responsibility – failure as parent to provide necessaries of life causing danger of serious injury - 3y victim and 1y brother in bedrooms filled with dangerous equipment and furniture – frequently locked in rooms unsupervised – wrote letter to mother of children asking her to give false account – washed 3y victim with garden hose when she dirtied pants – on one occasion pushed hose nozzle into victim's vagina causing injury – cruel – no grooming – no sexual desire

Magnuson

(64)

[2013] NSWCCA 50

Victim KB -

s 76

s 61E(1) x 5

s 61D(1) x 6

 

Victim LM –

s 76 x 2

s 61E(1) x 3

s 61E(2) x 2

s 61D(1) x 2

 

Victim JM –

s 76A

s 76 x 2

s 63

PG

Total:

19y

NPP 13y

AA

16y

NPP 9y

Old sexual offence matters.  No criminal history for 27 years.  Treated as person of good character.
Offences took place over 26 years ago when A aged 30-38 years old – 3 victims - offences against A's two daughters and daughter of a cousin – victims' aged between 8 to 15 years of age – offences  took place in home.

Sentences manifestly excessive for offences which took place during 1970-1980s – statement of sentencing principles.

Leslie

(22)

[2013] NSWCCA 48

2 x s. 66A

s. 66B (Attempt s/i)

PG

(10%)

23y 6m

NPP 16y

AA

19y

NPP 13y

On bail. AOABH, property offences, B&E, stalk and intimidate
Assaulted 8 year old girl – three offences on one night - staying in same house – dragged V way from house – assaulted V in bushes – threats that he would kill V if V told anyone – attempted penile-vaginal penetration – digital penetration – forced V to perform oral sex – planned offences.

Not within worst category but significantly above mid-range.

Dysfunctional upbringing – alcohol and drugs – Aboriginal – uncertain rehabilitation – no remorse.

Avoid crushing sentence.

Jolly

(30)

[2013] NSWCCA 76

s 66A

2 x 66M(2)

s 66B

s 86(1)(b)

PG

(25%)

22y

NPP 15y 9m

AA

18y 9m

NPP 13y 4m

Nil
Approached V (aged 6) while sitting in her front yard – grabbed V and placed her in motor vehicle – took V to first location where placed V's hands on penis – at second location attempted penile-vaginal penetration, forced V to perform fellatio, rubbed penis on V's bottom  – took V back to area near her home and told her she could walk home – offence took place over 1 1/2 hours.

Uncharacteristic aberration – disturbed psychology – depressive and psychosexual disorder - supportive family – unlikely to reoffend.

Sentence imposed for s 66A offence manifestly excessive.

DJM

[2013] NSWCCA 101

s.91H(2) – disseminate child pornography

s.91G(1)(a) – use child under 14y for pornography

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

s.91H(1) – possess child pornography

PG

(25%)

Total:

17y 9m

NPP 13y 3m

AA

Total:

13y 4m

NPP 10y

 
Stepfather took photographs of naked 13y step-daughter and sent them to a friend – activated webcam so friend could view 13y stepdaughter getting naked – digital and penile penetration of 13y stepdaughter – had possession of photos of naked 13y sister if friend – set up webcam so different friend could view offender having sexual intercourse with step-daughter

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

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

JL

[2014] NSWCCA 130

s.61J

4 x s.66A

6 x s.91G(1)(a)

s.61M(2)

s.61O(2A0

s.61O(1)

3 x s.91K(3)

2 x s.66A(2)

2 x s.66C(2)

 

Sched:

s.61N(1)

s.61O(2)

s.66A

2 x s.61M(2)

s.66B

s.61O(2A)

PG

(25%)

18y

NPP 13y 6m

AD 

Sexually abused daughter aged 7-11 years over four years – digital and penile intercourse – forced objects into vagina – fellatio – anal / penile penetration – forced complainant to rub penis – took photos of complainant in sexual poses – secretly recorded friends changing in complainant's bedroom – above mid range

Sexually abused as a child – depression

Gommeson

[2014] NSWCCA 159

11 x s 66C(2)

5 x s 66C(4)

1 x s 91H

1 x Att s 61J(1)

2 x s.61M(2

 

Schedule:

11 offences

PG

8y 6m

12y 6m

Crown AA

17y

NPP 12y

Nil

20 offences committed against seven male victims between January 2005 and December 2011 -  at times when victims aged between 9 and 16 years - offender aged between 55 and 62 years when offences were committed – offender befriended the families of the victims and offences were committed in that context.

Offender acknowledged he was a paedophile - age and health relevant – but these were serious offences over a period of years up to 2011 -  active predatory offender despite his age - no sign that offending conduct was likely to cease

Wray

(66)

[2014] NSWCCA 166

7 x s.61M(2)

 

Sched:

s.91H(2)

PG

(25%)

12y

NPP 9y

ADChild sexual assault offences

Befriended families of two victims – indecently assaulted 9y female on several occasions – rubbed vagina over clothes - hugged victim pushing penis against chest – rubbed nipples and kissed navel and neck – indecently assaulted 7y victim – tickled, squeezed and rubbed vagina on outside of clothes – significant breach of trust

Dysfunctional upbringing – paedophile – substantial physical ailments

JM

(45)

[2014] NSWCCA 297

s.66A(2)

3 x s.91G(1)(a)

s.91K(3)

2 x s.61M(2)

2 x s.91H(2)

 

Sched:

Similar offences

PG

(10-15%)

18y

NPP 13y

(aggregate sentence)

ADNil relevantFilmed himself performing cunnilingus on 2y daughter – filmed 11y step daughter, 9y step son and 13y step daughter showering – took photos of 2y daughter in bath holding open labia – took photos of 11y step daughters vagina – child abuse material found on computer – some pictures at top of COPINE scale

MD

(36)

[2015] NSWCCA 37

2 x s.66A(2)

 

Sched:

s.61M(2)

PG

(25%)

10y 3m

NPP 7y 8m

AA

10y 3m

NPP 7y 3m

Nil

Sexually assaulted 8y daughter one day in bathroom – forced V to perform fellatio twice and rubbed penis between buttocks – caught by wife – immediate confession – confessed to similar offences on earlier occasion

Low intelligence – sentence judge failed to give effect to finding of special circumstances

LJS

(68)

[2015] NSWCCA 47

Total 20 offences:

9 x s.76

2 x s.61D(1)

3 x s.61E(1)

s.76A

s.61M(1)

s.67 Carnal knowl under 10

s.81

s.79 Buggery

s.73

PG

21y 3m

NPP 17y 3m

AA

21y

NPP 15y

 

Offences took place from mid-1970s – mid 1980s and one in 2002.

12 child victims – victims were daughters of friend;  children who boarded in same residence as A; and children of mother with whom A had  relationship– representative charges-  Cunnilingus - Digital/vaginal penetration - Penile/Anal intercourse - Penile/ Vaginal intercourse - Rubbing of genitals - Fellatio while masturbating.

Feuerstein

(28-49)

[2015] NSWCCA 82

6 x s,61J(1)

12 x s.61M(1)

2 x s.66C(2)(b)

s.61I

 

2 x possess and disseminate child abuse material

 

Sched:

Possess prohibited weapons

VG

 

 

 

 

PG

14y 6m

NPP 9y 6m

Crown ADMinor

1991 – 2011 – befriended vulnerable teenage and pre-teenage boys – rewarded them and provided alcohol and pills – became foster carer to one boy – seven victims – physical caning – fellatio and anal intercourse – indecent assault

Pornography offences – 7000 images, 280 videos, 2500 printed photos, 13 written stories – covered all five categories – email communication with man in America in 2006 – weapons were handcuffs and extendable baton

Protective custody – medical problems

RJB

(47)

[2015] NSWCCA 93

4 x 66A

2 x 61J

PG

(25%)

17y

NPP 12y

AA in respect of counts 3 & 5.  Total sentence and NPP unchanged.Assault, AOABH

2002- 2006 – continuing sexual abuse of partner's daughter – V aged 6–10 years old – digital, penile, anal penetration.

Dysfunctional upbringing.

Correction of error in passing fixed terms for counts 3 & 5 which carried standard non-parole periods.

MRM

[2015] NSWCCA 195

6 x 61J(1)

66A(1)

66C(2)

61M(2)

73(1), (2)

PG

(10/15%)

20y

NPP 15y

AA

17y

NPP 12y

 2001-2011 – sexual abuse of A's two stepchildren (male and female) and natural daughter – aged 6, 16 and 10 when abuse commenced – ongoing and persistent abuse.

McIntosh

(age – see facts)

[2015] NSWCCA 184

2 x s.78Q

2 x s.59

16 x s.61M(1)

4 x s.78K

8 x s.81

4 x s.61

6 x s.79

VG

Agg Sentence

32y

NPP 20y

AA

Agg Sentences

24y

NPP 18y

Sexual offences between two periods of offending

1977-1983 – sexually abused three young teenage males – knew families of victims

1990-1991 – as teacher at private school sexually abused 15-16y male student in cadet unit

Offending included kissing - indecent touching – anal penetration – physical beating – penetration with physical objects – forced masturbation

Early twenties for first period of offending and not in position of authority – aged 53 at time of sentence

Discussion as to principles of aggregate sentencing

KB

(52)

[2015] NSWCCA 220

3 x s.61M(2)

s.66A(1)

PG

(15%)

14y 9m

NPP 9y 9m

AA

11y 9m

NPP 8y 5m

 

Farmhand sexually abused 8y daughter of employer – touched vagina, buttocks and chest – partial penile penetration – abuse of trust – predatory nature of offences – implicit threat – element of planning

Depression

BR

(52)

[2015] NSWCCA 255

2 x s 66A(2)

s 66C(1)

s 66C(2)

4 x s 61M(2)

s 61N(1)

s 61O(1)

s 61O(2)

s 61O(2A)

2 x s 66EB(3)

2 x s 91G(1)(a)

2 x s 91H(2)

 

Sched:

23 further offences

 

PG

(25%)

23y

NPP 17y

ADAOABHOffences occurred over seven month period from  July 2011 to February 2012 – victims aged 5 to 12 years old – female victims and also involved A's young son  – A part of community organisation - abused children of families that trusted him as a friend – cunnilingus, fellatio, digital penetration, penile-vaginal penetration

Bravo

[2015] NSWCCA 302

5 x s.61M(2)

2 x s.66A

4 x s.66C(2)

VG

22y

NPP 16y

ADMinor

Abused 9-11y step daughter over two years – kissing – squeezing bottom – penile/vaginal and penile/anal intercourse – digital penetration of vagina and anus – penile contact with vaginal area

Breach of trust

Van Ryn

(60)

[2016] NSWCCA 1

 

 

Van Ryn (No.3)

[2016] NSWCCA 307

s 66EA

8 x s 61M(2)

s 61M(1)

s 61O(2)

2 x s 66C(4)

 

Sched:

4 offences

PG

(25%)

13y

NPP 7y

Crown AA

18y

NPP 13y 6m

 

 

Van Ryn (No 3) Redetermination of sentence:

17y 9m

NPP 13y 4m

 

17 offences committed against 9 victims over an 11 year period from 2003 to 2014 -  victims male and female aged between 8 and 15 - offending usually occurred at A's home where visitors with children would go to socialise – reaching inside clothing or swimwear of a child and touching genitals – oral and anal intercourse.

Respected businessman and member of community – CEO Bega Cheese.

 

Van Ryn (No 3) - Redetermination of sentence following grant of special leave by High Court –Court had been inadvertently misled as to correct offence provision for one the offences – lesser maximum penalty and standard non-parole period applied – Crown did not oppose imposition of a lower aggregate sentence.

Crowe

(19-20 at offence – 45 at sentence)

[2016] NSWCCA 39

5 x s.90A

s.66A [20y]

s.61C(1)(b)

2 x s.61D(1)

2 x s.61J

 

Sched:

11 sexual offences

PG

(25%)

12y

NPP 7y 6m

Crown AA

15y

NPP 10y

Sentenced for similar sexual offences in 1992 – last offences committed while on bail for those offences – no further offending

1989-1991 – grabbed five victims from public areas during day and dragged into bush, derelict house, stormwater drain or demolition site – sexually assaulted victims – threatened two victims with knife – victims aged 9-17y and unknown to offender

Suffering multiple psychiatric conditions although unrelated to offending

Ford

(44)

 

[2016] NSWCCA 69

3 x s.61J(1)

s.61JA(1)

s.61M(2)

s.61O(2A)

s.66EB(3)

2 x s. 80G/ 66A(2)

 

Sched:

44 offences

PG

(25%)

21y

NPP 15y

ADAct of indecency; 3 x acts of indecency with aggravation

Paedophile network extending overseas – nine counts of sexual offending against five children - A, with couple X and Y, committed sexual offences involving X and Ys children (boy 12 and girl 11) and other children (female 4, boy 11, boy 15) - videos depicting each engaging in sexual abuse -  numerous "chat logs" revealed paedophile network extending throughout Australia and overseas -  A, X and Y at "hub" of network, creating websites for sharing of child pornography - number of offenders arrested in UK including couple in Hampshire with whom A, X and Y had many chat sessions exchanging videos of abuse of their own children.

Offences entailed unfathomable degree of cruelty and depravity - Two counts on indictment and four offences on Forms 1 carried life imprisonment.

WC

(49 at sentence)

[2016] NSWCCA 173

8 x s.66C(2) [8y]

s.66C(4) [12y]

3 x s.78A

 

Sched:

9 offences

PG

(25%)

19y

NPP 13y

AA

17y

NPP 11y 9m

Sentenced earlier in Queensland for sexual offences committed against same complainant at later date

1999-2006 - Sexual abused daughter aged 12-19y – digital / penile and anal penetration – used as sexual plaything – offences at or above mid-range

Later offences committed and dealt with in Queensland – sentence imposed partially cumulative to earlier sentence – SJ erred in failing to give any weight to evidence of some rehabilitation in Queensland

AGF

(60 at sentence)

[2016] NSWCCA 236

s 61M(1)

s 61J

4 x s 66C(2)

2 x Attempt s 66C(2)

s 61O(1)

s 61 Assault

VG

15y

NPP 10y

AA

13y 6m

NPP 9y

Assault.

1997-2003  - Offences committed upon niece of A's wife who was living with in their home – offences occurred between 1997 and 2003 when V aged from 12 to 18.

CCA – sentence reduced by 10% due to assistance to authorities.

PB

(50-51)

[2016] NSWCCA 258

s.61M(2)

4 x s.66C(3)

 

Sched:

11 x s.61M(2)

s.61

3 x s.66C(3)

PG

(20%)

Agg:

14y

NPP 8y

ADNil significantStepfather sexually abused two step-daughters aged 10-11y and 15-16y over four months – indecent touching and kissing – penile penetration and cunnilingus – threats made and one victim slapped across face – representative counts – serious breach of trust – aware one victim previously sexually assaulted by father

Denham

(72)

[2016] NSWCCA 309

2010 Matters:

  1. two offences under s 79 (buggery);
  2. 20 offences under s 81 (indecent assault)
  3. six offences under s 61E;
  4. one offence under s 61E(1A);

    Sched: 32 x offences

     

    2015 Matters:
  1. 2 offences under s 79 (buggery);
  2. 23 offences under s 81 (indecent assault);

    Sched: 23 x offences.

PG

(25%)

 

 

 

 

 

 

 

 

 

PG

(10%)

2010 Matters:

19y 10m

NPP 13y 10m

 

 

2015 Matters:

18y

NPP 13y

 

 

 

Overall sentence:

24y

NPP 19y 5m

9d

AD 1968 – 1986 - Former Catholic priest and schoolteacher - large number of child sexual assault offences – 57 victims – aged around 12 onwards - systematic exploitation using guise as a priest, in breach of trust and position of authority - Many of the serious sexual assaults accompanied by deliberate infliction of pain, such as using the cane as both a disciplinary weapon and instrument of sexual gratification - invited into people's homes and interfered with boys when parents not looking -  used occasions when could administer discipline and there sexually assault Vs - brutal threats to keep activities secret -  not spontaneous or opportunistic -  very young age of victims is a matter important to objective seriousness - A targeted most vulnerable boys who generally came from difficult family backgrounds.

Franklin

(29-35)

[2016] NSWCCA 319

s.66A

s.66A(2)

6 x s.66C(2)

9 x s.61M(2)

s.91G(1)(a)

 

Sched:

3 offences

PG

(25%)

27y

NPP 18y

AA

24y

NPP 18y

minor

Sexually abused 7-13y niece – escalating behaviour – touching – digital and penile penetration – use of vibrator

Disclosure of unknown offences

CT

[2017] NSWCCA 15

s 61E(1) x 3

s 67 (life imp)

s 67/66A x 2 (20y imp)

s 66C(2)

VG

12y

NPP 7y

ADNil1986-1990 offences – V step-daughter aged 6-10 years old – touching, penile-vaginal, anal penetration and oral penetration.