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 - Indecent Assault / Buggery - 1970-1980

s.79 - Whosoever commits the abominable crime of buggery, or bestiality, with mankind, or with any animal, shall be liable to penal servitude for fourteen years. (repealed 8.6.1984)

s.81 - Whosoever commits an indecent assault upon a male person of whatever age, with or without the consent of such [person, shall be liable to penal servitude for five years. (repealed 8.6.1984)

Name 
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary 

Burns
(35)
[1969] 2 NSWR 591

s.81

PG

2y
NPP 10m

AA
3y GBB

nil

Assaulted boy while babysitting - played with penis and attempted penetration of anus.
Good character - impulsive offence - wife and child - spent 1m in gaol by appeal

Combo
(42)
NSW CCA
22.4.1971

s.81

5y
(no NPP)

5y
NPP 2y 9m

vagrancy

Assaulted 14y boy.
Suffering mental or emotional disturbance (court also recorded that appellant a mentally defective person within meaning of Mental Defectives (Convicted Persons) Act 1939), but also a danger to the community

Lebroco
(31)
NSW CCA
28.6.1974

s.79
s.81

3y
12m
(concurrent)
(NPP not stated)

AD

Assaulted 15y boy - age difference makes offence serious.

Murray
(34)
NSW CCA
30.8.1974

3 x s.81

PG

4y 6m
NPP 20m

AD

Homosexual acts committed with another adult on two 13y and 14y boys - Gave victims beer - drove them some distance - No overt violence - At time of committal for these offences committed similar offence on 15y boy
Homosexual in relationship with co-offender.

Roberts
(57)
NSW CCA
1.11.1974

2 x s.81

PG

5y
NPP 2y 4m

AA
2y 6m
NPP 12m

prior convictions for indecent assaults 5 years prior

Assaulted 8-9y boy.
Victim came to appellant's caravan to play cards - Cards had indecent pictures on back - 2 days later again played cards then got into bed together - Physical contact - Victim given money
Suffering physical disability resulting from polio

Clarke
(30)



Cathro
(30)

NSW CCA
7.2.1975

3 x s.79

PG

15y
NPP 10y


11y
NPP 5y

AA
15y
NPP 8y


AD

22 dishonesty convictions


nil

Picked up 16y youth - Detained victim in van and subjected to multiple acts of buggery over several hours - Pretended to be police officers - 6m later similar offence committed on 15y male - 6m later committed similar offence on 16y male - Each offence involved considerable violence
Homosexual partners - BC more dominant

Davy
NSW CCA
4.4.1975

s.79

PG

9y
NPP 5y 6m

AA
9y
NPP 4y 6m

Assaulted 15y male - Committed offences in bush and abandoned house - Threatened to use knife

Brogan
(36)
NSW CCA
31.7.1975

2 x s.81

PG

8y

AA
4y
NPP 12m

received deferred sentences on many occasions for similar offences

Masturbated in presence of 10y and 7y boys on separate occasions - No interference with victims
Brain condition affected by alcohol - Some hope of rehabilitation

Charlton
(39)
NSW CCA
27.2.1976

s.81

VG

2y 6m
NPP 11m

AA
2y 6m
NPP 6m

8 year old offence for indecent assault and buggery

Assaulted 14y boy in public toilet - Element of violence
Prior good character - Assaulted in gaol - Lost job - Hearing disability

Miller
(21)
NSW CCA
29.7.1977

s.81

PG

2y 6m
NPP 6m

AD

nothing of significance

Took 14y navel cadet to motel room - Both drank alcohol and indecent assault occurred - Premeditated - Position of quasi authority over victim
Prior good character - Navel seaman

Hill
(34)
NSW CCA
11.7.1979

5 x s.81
s.79
s.80

PG

22y
(No NPP)

AA
11y
NPP 5y

prior convictions for sexual offences on males

1970 sexually assaulted two 13y males in park
1978 assaulted 10y male in appellant's home unit.
1978 assaulted 13y male after taking him to amusement places.
1978 took indecent photos of 13y boy
No violence and willing consent of all victims

Perrot
(45)
NSW CCA
15.2.1980

5 x s.81

PG

4y 6m
NPP 2y

AD

prior convictions for sexual offences 10y ago

Assaulted four 11y boys in picture theatre managed by appellant - Took one boy home to sexually assault him - No violence or physical harm
Prior good character

Roberts
(early 20s - 52 at sentence)
NSW CCA [309]
11.11.2003

2 x s.79
s.81

Sched:
12 related offences

PG

13y
NPP 10y

AA
9y 6m
NPP 6y 6m

Subsequent convictions for buggery offences in early 1980s

1972-1978: Offences committed on three males aged 7-9y
Hearing disability - Difficult life

MM

(2004) 145 A Crim R 148

2 x s.79

6 x s.81

VG

8y

NPP 6y

AD

No significant subsequent offending

1982-1984 – teacher at school attended by victim – offences committed when victim aged 14-16y – 5 offences committed in breach of teacher/pupil relationship

BJB

(17)

NSW CCA [441]

16.12.2005

2 x s.79

s.76

VG

5y

NPP 3y

AA

To reduce sentence for s.76 – total sentence unchanged

 

1970 – sexually abused 8y niece living with family for 3 months – rubbed chest and outside vagina – anal intercourse

Jacobs

(20s – 58 at sentence)

NSWDC [34]

Garling DCJ

23.3.2011

8 x s.81

2 x s.79

PG

9y

NPP 5y 6m

 

Nil

1977-1983 – leader of church boys group sexually abused six male member over four years – became close and trusted friend of victim’s family – representative counts – victims aged 10-15y – breach of trust – old offences

Chronic back pain – subsequent good character

Fox

(36-41 – 68 at sentence)

NSWDC [250]

King SC DCJ

24.11.2011

4 x s.79

s.61E(1)

s.61E(2)

s.81

 

Sched:

s.81

s.61E(1)

s.61E(2)

PG

(12.5%)

9y

NPP 4y 6m

 

Nil

1979 – 1985 – accessed male victims through associates who had befriended and groomed young males for sexual activity – 3 male victims aged 10-15y – paid $50 for anal intercourse with victims – engaged in mutual fellatio with third victim

Good character – substantial rehabilitation

 

 

District Court Cases

Name
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary

Murrin
(18-19 at offence
52 at sentence)
NSWDC [29]
Murrell SC DCJ
10.3.2008

17 x s.81

PG

3y 3m
NPP 18m

nil

1974 - Junior teaching priest indecently assaulted 8 students aged 9-11 years - indecent touching inside an outside clothes - mostly low level fondling - opportunistic - breach of trust - offences committed openly and observed by other pupils - no real insight or understanding at time of offences
Dysfunctional childhood and extensive sexual abuse - Evidence of rehabilitation - remorse - low risk of recidivism