Legal Research > Sentencing Tables

 

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 - Sustained - Sentence Above 10 Years 

Name

Offence

Plea

Sentence

Appeal

Record

Involvement & Summary

Hill
(43-48)
NSW CCA
7.7.1992

3 x Homosexual intercourse with boy under 10y
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

AD

Bad records for sexual offences

Offences committed over 4 years on 7 boys aged 9-15y – Ranged 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

H
(41)
NSW CCA
25.7.1994

11 offences:
2 x s.66C(2)
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 – also assaulted 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

Carnal knowledge
3 x Indecent ass
20 x Sexual intercourse with child 10-16y

PG

MT 12y
AT 3y

AD

Some offences breached bail

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

H
(50 at sentence)
NSW CCA
24.10.1994

3 x Incest
Ind ass on girl under 16y
AOABH
7 x Sexual int w/o consent
2 x Sexual int w/o consent child under 16y
2 x Assault
Ind ass child under 16y by person in authority

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 offences

Sexually 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

Ind ass child under 16y
6 x Carnal knowledge
7 x Sex inter child 10-16y
Ind ass

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 Indecent assault on male
5 x s.61I
2 x Att s.61I
Commit act of indecency

PG / VG

MT 7y
AT 4y

AD

Nil

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

Reid
(47 at sentence)
NSW CCA
24.7.1998

2 x Ind ass
Buggery
2 x Sex inter child under 10y
2 x Ind ass child 10-16y
Act of indec
2 x Ind ass

Sched:
8 related off

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

Buggery
Carnal know
6 x Ind assault

PG

MT 3y
AT 2y

Crown AA
MT 8y
AT 3y

 

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

Williams
(21-33)
NSW CCA
11.12.1998

5 x s.78K
2 x s.61N
s.61E(1)

Sched:
13 offences

PG

MT 6y 8m
AT 3y 4m

AD

Breached recog for sexual offences

V1 – 15y at commencement of offences – Runaway – Lived with A on 2 occasions – Joint masturbation, fellatio and anal penetration – Extensive sexual activity over long period of time
V2 – 10y at commencement of offences – Cousin – Fellatio – Sexual activity over many years
Indecent assaults on 5 other persons aged 7-15y
Total activity over 12 years

Many
NSW CCA [241]
28.6.1999

11 x s.61J
7 x s.61O(2)
3 x s.61M(1)
2 x s.61N(1)

PG

MT 8y
AT 4y

AD

Unknown

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

Colby
(49-50)
NSW CCA [261]
26.8.1999

2 x s.61J
11 x s.66C(2)
s.61

VG

MT 16y
AT 6y

AA
MT 12y
AT 4y

Nil relevant

Custodian 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)
NSW CCA [336]
29.10.1999

Admin stupefying drug
3 x s.61N(1)
s.61J
s.61L

VG

MT 10y
AT 2y

AD

drug 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

AB (No.2)
(25-36)
NSW CCA [467]
6.12.2000

7 x s.66C(2)
6 x s.66C(1)
7 x Ind ass child under 16y by person in auth
17 x Ind ass child under 16y
22 x Ind ass on male
7 x Act of ind
Act of gross ind

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)
NSW CCA [399]
18.12.2000

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

Ryan (No.2)
(34-53y)
NSW CCA [35]
27.2.2003

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)
NSW CCA [215]
9.7.2003

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
NSW CCA [336]
31.10.2003

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
NSW CCA [353]
24.11.2003

3 x s.66A
2 x s.61M(2)

PG

Total:
11y NPP 8y
(cumulative on further sentence)

AD

 

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

CJP
(44-45)
NSW CCA [188]
16.6.2004

2 x s.66C(1)
3 x s.61J

Sched:
5 related sexual offences

PG

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

Lawson
NSW CCA [346]
14.9.2005

5 x Admin stupefying drug
2 x s.61J
Agg ind assault

Sched:
7 offences

PG

13y
NPP 9y 6m

AD

 

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

TWP
NSW CCA [141]
1.5.2006

s.61E(1)
12 x s.66C(2)
s.78A
2 x s.61M(1)
s.61

PG

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)
NSW CCA [149]
16.5.2006

s.67 [life]
s.76 [5y]
s.61D [10y]
s.66A [20y]

Sched:
10 similar offences

PG

12y
NPP 8y

AD

Record for sexual offences

Systematic 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)
NSW CCA [176]
5.6.2006

10 x s.61M(2)
7 x 61O(2)
s.66B(2)

PG

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

KJR
(57 at sentence)
NSW CCA [165]
29.6.2007

s.67 [life]
s.61E
3 x s.73
AOABH

VG

12y
NPP 9y

AD

Nil

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

MJL
(59)
NSW CCA [261]
4.9.2007

1 x carnal knowledge s.73
8 x Indecent assault s.76/s.61E

PG

12y
NPP 9y

AA
10y 6m
NPP 7y 6m

Nil

Sexual assaults from 1974 to 1982 upon daughter and granddaughter.

Ivimy
(64 at sentence)
NSW CCA [25]
19.2.2008

8 x s.61M(2)
4 x s.61M(1)
s.61L

PG

11y
NPP 8y 3m

AD

Record 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)
NSW CCA [71]
23.4.2008

3 x s.81
3 x s.81A
5 x 78K
78Q(1)

Sched:
12 offences

PG

16y
NPP 12y 11m

AA
12y 7m
NPP 7y

Prior good character – served sentence for subsequent child porn offences

Sexually 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
NSW CCA [137]
10.6.2008

3 x s.66A

VG

21y
NPP 16y

AA
17y
NPP 13y

Nil

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

Phipps
(40)
NSW CCA [178]
11.8.2008

11 x s.66C(2)
5 x s.61M(1)

PG

14y
NPP 11y

AD

On 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.

Phipps
(40)
NSW CCA [178]
11.8.2008

11 x s.66C(2)
5 x s.61M(1)

VG

14y
NPP 11y

AD

On 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.

SGJ
(40-1)







KU
(40-41)

NSW CCA [258]
11.11.2008

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








PG

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
NSW CCA [263]
1.12.2008

s. 66A
6 x s61E(1)(A)
s.66C(2)

PG

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.

NRW
(45 at appeal)
NSW CCA [318]
18.12.2008

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

AD

Lengthy. 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)
NSW CCA [49]
17.3.2009

2 x s.66C(2)
s.66C(4)

PG

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

CPW
(58)
NSW CCA [105]
23.4.2009

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

12y 6m
NPP 11y 8m

AA
12y
NPP 8y

Child sexual assault

Between 1980-1986 and 2002-2006 sexually assaulted granddaughters and girls who were part of A’s extended family.

PH
(72 at sentence)
NSW CCA [161]
26.6.2009

8 x s.76 (indecent assault)
3 x s 67 (carnal knowledge child under 10y)
6 x s.73 (carnal knowledge by father)

PG

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)
NSW CCA [172]
30.6.2009

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

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

SKA
(38)
NSW CCA [186]
14.7.2009

s.66A
2 x s. 61M(2)
s.66C
s.61M(1)

VG

8y
NPP 4y 9m 15d

AD
Crown AA
12y
NPP 8y

Nil

Over 6 year period assaulted niece – abuse commenced when victim aged 4 - digital penetration – touching genitals and breasts.
s.66A offence less than mid-range objective seriousness – but SJ failed to have regard to standard non-parole period in relation to s.66A count.

Orkopoulos
NSW CCA [213]
25.8.2009

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

NSW CCA [255]

14.10.2009

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)

NSW CCA [297]

17.12.2009

s.61I

s.66C(1)

s.66C(2)

3 x s.61M(1)

Possess ammunition

PG

17y 6m

NPP 13y

AA

14y 6m

NPP 10y

Convictions under s.78K and s.61M – breached bond for property offence

Sexually 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

NSW CCA [308]

18.12.2009

7 x s.66C(2)

s.61O

 

Sched:

7 offences

PG

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)

NSW CCA [47]

16.3.2010

2 x s.66A

s.86(1)

PG

16y

NPP 12y

AA to reduce sentence for kidnapping – overall sentence unchanged

Child 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

NSW CCA [48]

24.3.2010

2 x s.61J

s.61M(2)

VG

14y 6m

NPP 10y 6m

AA

12y

NPP 9y

Nil relevant

Penile / 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)

NSW CCA [77]

3.5.2010

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

24y

NPP 18y

AA

18y

NPP14y

Nil

Sexually 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)

NSW CCA [90]

7.5.2010

s.66A

Breach AVO

PG

12y 87m 28d

NPP 8y 3m13d

AD

Nil priors

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

Good prospects of rehabilitation

SJH

(32-39)

(50 at sentence)

NSW CCA [32]

13.5.2010

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

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)

NSW CCA [121]

11.6.2010

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)

NSW CCA [147]

12.7.2010

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

minor

1990-1991 - 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

Whitby

(56)

NSWDC [214]

Berman SC DCJ

8.10.2010

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

NSW CCA [88]

21.2.2011

8 x s.66A

2 x s.61M(2)

s.66B

VG

22y

NPP 17y

AA

To adjust two sentences – same total sentence

Prior record

Sexual 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

NSW CCA [50]

1.4.2011

s.66A

s.61M(2)

2 x s.61M(1)

PG

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)

NSW CCA [117]

25.5.2011

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 AD

Dishonesty 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

NSW CCA [142]

6.7.2011

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)

 

NSWDC [160]

Finnane DCJ

22.8.2011

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

NSW CCA [266]

9.12.2011

s.66EA

VG

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)

NSWCCA [230]

1.11.2011

s.66A

4 x s.66C(2)

2 x s.61M(2)

2 x s.61J(1)

PG

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)

NSWCCA [112]

4.6.2012

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

NSWCCA [159]

26.7.2012

s.66EA

2 x s.61M(2)

s.61O(2)

VG

10y

NPP 6y 9m

 

Total:

13y

NPP 9y 9m

AA

(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

NSWCCA [179]

23.8.2012

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)

NSWCCA [199]

18.9.2012

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

NSWCCA [236]

15.11.2012

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)

NSW CCA [263]

11.12.2012

s.66A

PG

13y

NPP 8y

AA

12y

NPP 6y

 

SNPP 15y

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

Dysfunctional upbringing- rehabilitation.

Essex

(30)

NSWCCA [11]

5.2.2013

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

 

SNPP 15y

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

23y 6m

NPP 16y

AA

19y

NPP 13y

On bail. AOABH, property offences, B&E, stalk and intimidate

SNPP 15y

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

22y

NPP 15y 9m

AA

18y 9m

NPP 13y 4m

Nil

SNPP 15y

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

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

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%)

12yNPP 9y

AD

Child 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