These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Two tables:

Sexual Intercourse with Child between 10 & 16 -
s.66C(2); also

Sexual Intercourse with Child between 10 & 14 -
s.66C(2) (commenced 13.6.2003) 

--------------------------- 

 

 

Sex Offences - Sexual Intercourse With Child Between 10 and 16 - s.66C(1)

23.3.1986 – 12.6.2003

Sexual intercourse with child between 10-16y and under authority [maximum sentence – 10y]

CaseOffencePleaSentenceAppealPriorsFacts

PWH

(21-31)

NSW CCA

20.2.1992

2 x s.66C(2)

 

s.76

5 x s.61E(1A)

2 x s.61E(2A)

PG3y GBB

Crown AA

s.66C(2)

MT 4y

AT 1y 4m

(other sentences concurrent)

Drink driving offences1979-1988 - Sexually abused step-daughter aged 4-13y – cunnilingus, forced touching of penis, forced fellatio, touching of vagina, kissing and licking breasts,

Swindale

NSW CCA

20.2.1992

4 x s.66C(2)

 

2 x s.61E(1A)

VG

MT 3y

AT 1y

(concurrent fixed sentences)

Crown AA

MT 6y

AT 2y

Priors for sexual offences on same complainants including penile penetration

Sexually assaulted two daughters aged 14 and 15y – touched breasts – digital and penile penetration – force and threats used – younger victim attempted suicide

Offences committed while on parole for sexual offences against same two complainants

PFC

NSW CCA

14.12.1992

2 x s.66C(2)

 

2 x s.67

VG

MT 5y

AT 1y 8m

(concurrent fixed sentences)

AA

MT 4y

AT 2y 8m

Breached recognisance for act of indecency on 15y girl

Full sexual intercourse with daughter aged 8-13y on four occasions 1982-1987

Violent childhood – hard worker and good character

GJQ

(33)

NSWCCA

17.12.1992

s.66C(2)

 

2 x s.61E(1A)

PG

MT 5y

AT 1y 8m

 

Total:

MT 6y

AT 1y 8m

AA

MT 4y

AT 2y

 

(FT 3y concurrent)

Priors but no sexual offencesStepfather of two victims – sexual intercourse involved full penile penetration on victim aged 10y – indecent assaults involved fingering and licking vagina of 8y victim – not isolated offences

Cole

(67-69)

NSW CCA

29.3.1994

3 x s.66C(2)

 

2 x s.61E(1A)

PG1y GBBCrown ADOld offences

Sexually assaulted 11-13y granddaughter 1988-1990 – fellatio and digital penetration, masturbation by offender and forced touching of penis – not isolated offences

Remorse – good work history –– sentence imposed after sentencing indication hearing sentence inadequate but appeal dismissed in view of very poor health of offender and wife

Smith

(73)

NSW CCA

1.6.1994

2 x s.66C(2)

 

2 x s.61M(1)

PG

MT 1y 9m

AT 7m

(concurrent fixed sentence)

ADnil

Sexually assaulted three girls aged 11 and 12y – friend of family of one victim – all girls staying at offender's house for weekend – digital penetration of two girl while in bed – fondled vagina of third girl – next night touched and kissed vagina of third victim in bath – admitted sexually assaulting first two victims on other occasions

Army service in WW2

Fisher

(32-35)

NSW CCA

19.7.1994

2 x s.66C(2)

 

s.61E(1A)

PG

MT 4y

AT 1y

(concurrent fixed sentence)

AA

MT 3y 9m

AT 1y 3m

nilSexually assaulted step-daughter aged 13-15y over three years – ongoing sexual relationship – commenced with touching of genitals – developed to regular penile/ vaginal intercourse – victim fell pregnant and had an abortion – no force used as victim consented – voluntary disclosure to police

RJW

(50)

NSW CCA

2.8.1994

10 x s.66C(2)PG

MT 12m

AT 4m

Crown AA

MT 2y

AT 8m

Nil

2 male complainants aged 13 and 14y – step-son and another child under authority - consensual fellatio - no threat of violence.

Bisexual – protective custody.

R J B

NSW CCA

1.11.1994

2 x s.66C(2)

 

3 x s.66D

s.61E(1)

s.61E(2A)

s.61E(1A)

PG

MT 6y

AT 2y

(concurrent fixed sentences)

ADnil

Sexually assaulted daughter aged 9-13y from 1985-1989 - oral intercourse, fellatio and masturbation

Loss of teaching career and family – evidence of remorse and rehabilitation – heart problems

H

(41)

(1994) 74 A Crim R 41

NSWCCA

2 x s.66C(2)

 

9 x s.76 and s.61E

PG

MT 5y 6m

AT 5y

 

Total:

MT 11y 6m

AT 5y

AA

MT 2y

AT 3y

 

Total:

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

Icely

NSW CCA

25.11.1994

2 x s.66C(2)

 

6 x s.61M(1)

VG

MT 2y

AT 18m

(concurrent fixed sentences)

AD Sexually assaulted 12y and 13y daughters of de facto – digital penetration – shaved victims' public hair and touched breasts and vagina – used girls as sexual playthings

GDR

(27)

NSW CCA

8.12.1994

9 x s.66C(2)

 

2 x s.61O(1)

s.61M(1)

PG

MT 8y

AT 2y

(concurrent fixed sentences)

AD Sexually assaulted 11y step daughter

Riley

(56)

NSW CCA

5.9.1995

2 x s.66C(2)

 

2 x s.61M(1)

VG

MT 4y

AT 1y 4m

(concurrent fixed sentence)

ADOld offenceSexually assaulted 15y niece staying with offender over period of time – penile/vaginal intercourse – accidental penile/anal intercourse – touching of vagina and breasts

JNR

NSWCCA

26.10.1995

3 x s.66C(2)

 

s.61E(2A)

s.61O

PG

MT 5y

AT 3y

(concurrent fixed sentence)

AD Sexually abused natural daughter over many years – not isolated offences – offences committed when daughter aged 10-14y – fellatio and cunnilingus

Daley

NSW CCA

30.10.1995

5 x s.66C(2)

 

s.66D

s.61

VG

MT 3y 6m

AT 2y

(concurrent fixed sentences)

ADBreached recognisance for dissimilar offencesOffences committed on step daughter aged 10-13y - forced fellatio – penetration using hand and objects – attempted penile penetration – squeezed victim's neck until she agreed to resume sexual activities

Muller

(36-43 at offences)

NSW CCA

6.3.1996

4 x s.66C(2)

 

3 x s.61E(1A)

s.73

2 x s.61M(1)

PG

MT 4y 6m

AT 18m

 

(concurrent sentences)

AD 1986-1993 - Sexually abused step daughter aged 10-17y

PBH

(41)

NSW CCA

2.5.1996

s.66C(2)PG

MT 18m

AT 18m

Crown AA

MT 2y 6m

AT 10m

nil14y 9m daughter - penile intercourse on one occasion while drunk – complainant became pregnant and reared baby - "Monstrous act" and gross breach of trust - That victim became pregnant and gave birth to a child and has suffered serious psychological consequences adds to gravity.

Mallise

NSW CCA

19.7.1997

4 x s.66C(2)

 

s.61M(1)

PG

MT 18m

AT 2y

(concurrent fixed sentence)

AD Female had sexual intercourse with 12y son on four occasions at instigation of husband – husband dominant figure in family

Chapman

NSW CCA

15.11.1996

4 x s.66C(2)

 

6 x s.61E(1A)

VG

 

 

PG

MT 5y

AT 1y 8m

(concurrent fixed sentence)

ADRecord although no sexual offencesOffences committed on 12y niece while sharing motel room on road trip and in truck the following day – forced touching of penis, licked inside vagina, rubbed penis against vagina and forced fellatio – victim in care of offender – threatened to hurt family

D H

(17-25 at offences – 34 at sentence)

NSW CCA

14.7.1997

s.66C(2)

 

2 x s.76

2 x s.71

VG

MT 6y

AT 2y

(concurrent fixed sentences)

ADNil relevant1979-1987 – offences committed against cousin aged 7-15y – offences commenced while assisting victim with schoolwork – penetration of vagina with finger and paddle pop stick, sucking of nipples, penile/ vaginal intercourse – not isolated offences

Foster

NSW CCA

14.7.1998

3 x s.66C(2)PG

MT 3y

AT 1y

AA

MT 2y

AT 1y

minor unrelated prior convictions15y 9m stepdaughter – complainant went to bed naked after becoming ill drinking wine - digital and penile intercourse and cunnilingus - isolated incidents.

Gould

[1999] NSWCCA 177

s.66C(2)

 

Indecent assault

 

Sched:

2 x carnal knowledge

PG

MT 5y

AT 2y 6m

(concurrent fixed sentence)

ADNil

1983-1987 - Offences committed on step-daughter aged 12-15y – called victim to shed and touched her outside vagina – when victim 15y took her to secluded place and forced fellatio – schedule offences involved penile penetration when victim aged 13y – not isolated offences

Poor health – good character

White

[1999] NSWCCA 366

2 x s.66C(2)

 

s.61E(1A)

 

Sched

3 x agg indecent assault

VG

MT 5y

AT 3y

(concurrent fixed sentences)

AD Rubbed vagina and nipples of 11y friend of stepdaughter in bed staying overnight at home of offender – on another occasion engaged victim and step daughter in game of strip poker – digital and penile penetration of victim – next morning attempted further penetration

Desborough

[2000] NSWCCA 170

s.66C(2)

 

s.61M(1)

PG

MT 18m

AT 21m

AA

FT 12m

(immediate release)

 While rumbling with 11y daughter performed cunnilingus and placed penis against vagina – intoxicated - immediately reported incident to wife and Child Abuse Prevention Service – spontaneous and isolated offence – no discernable impact upon victim

CJB

(39 at sentence)

[2000] NSWCCA 161

7 x s.66C(2)

 

s.73

PG

MT 4y

AT 3y

 

Total:

MT 7y

AT 3y

AD 

1987-1993 – sexually assaulted step-daughter aged 10-16y – penile/vaginal intercourse – forced fellatio – gave birth to two children as result of offences – gave birth to further two children as result of continuing sexual contact

Suffering schizoid personality

MA

[2001] NSWCCA 30

s.66C(2)

 

2 x s.61E(1A)

s.61M(2)

 

Sched:

4 x indecent assault offences

PG

FT 3y

 

Total:

5y

NPP 3y 6m

ADLengthy record for alcohol related offences

1988-1994 - Sexually assaulted step daughter – forced fellatio – cunnilingus and touching of vagina – step daughter blind

1997 – touched vagina of daughter aged under 10y

H

(41 at sentence)

[2001] NSWCCA 117

3 x s.66C(2)

 

s.61O(1)

 

Sched:

6 x sexual offences

PG

Total:

7y 6m

NPP 5y

ADNil relevant1997-1999 - Sexually assaulted step daughter over two years – penile/vaginal intercourse commenced when victim aged 13y – forced fellatio and masturbation – not isolated offences

Myers

(31 at first offence)

[2002] NSWCCA 162

66C(2)

 

2 x s.66C(1)

4 x s.61M(1)

2 x s.78Q(1)

2 x s.61L

PG

(25%)

5y

NPP 2y

 

Total:

8y

NPP 5y

ADnilSexually assaulted 4 step sons and one friend over four years – victims aged 11-18y – s.66C(2) involved fellatio on 11y victim – other offences included digital penetration of anus, mutual masturbation, touching penis filming of masturbation – not isolated offences

DJM

(31)

[2002] NSWCCA 493

2 x s.66C(2)PG

2y

NPP 1y

AD 

14y niece of applicant's fiancé - digital penetration and oral sex on fishing trip – prior relationship

Mental condition at time of offence – Good character.

DCU

[2003] NSWCCA 173

2 x s.66C(2)

 

s.61M(1)

VG

6y

NPP 3y 6m

(concurrent fixed sentence)

AD Sexually assaulted 12y niece staying with offender for holidays – licked and kissed neck – touched vagina and breasts – licked inside vagina then intercourse with fingers or something bigger

Totten

[2003] NSWCCA 207

s.66C(2)

 

s.61M(1)

PG

5y 4m

NPP 4y

(concurrent fixed sentence)

AA

5y

NPP 3y 6m

Nil relevantTouched victim on breasts when aged 10-12y – two years later after commencing de facto relationship with victim's mother committed cunnilingus on victim

Kesisyan

[2003] NSWCCA 259

7 x s.66C(2)

 

s.61E(1A)

VG

4y

NPP 18m

 

Total:

8y

NPP 5y 6m

Conviction AD 1989-1992 – sexual abuse of step-daughter aged 10-16y

Martin

(30-43 at offences – 51 at sentence)

[2003] NSWCCA 354

s.66C(2)

 

2 x s.61E(1)

 

Sched:

2 x 66C(2)

PG

(25%)

6y

NPP 4y 6m

 

Total:

7y

NPP 5y 6m

AA

6y

NPP 4y 1m

 

Total:

7y

NPP 5y 1m

 Sexual relationship with daughter aged 8-21y – penile/vaginal intercourse commenced when victim 12/13y – representative counts

LTP

(52 at time of sentence)

[2004] NSWCCA 109

s.66C(2)VG

8y

NPP 6y

AA

6y

NPP 4y 6m

NilSexually assaulted 12y daughter – Penile/vaginal intercourse – Blackmailed daughter threatening to tell her mother about meeting with boyfriend – Not necessarily isolated incident – Acquittal of related charges at trial – s.66A offence quashed on appeal – Sentence of s66C subsumed by s.66A offence

Virgona

(45-51 at offences)

[2004] NSWCCA 415

s.66C(2)

 

s.66C(1)

 

2 x s.61E(1A)

3 x s.61E(1)

PG

4y

NPP 3y

(concurrent fixed sentence)

AA

4y

NPP 2y 3m

Served sentence for sexual assault on third relative during same time of offending

1983-1989 – sexually assaulted male relative aged 5-11y – forced fellatio – penile / vaginal intercourse on 10y female relative causing great pain

Successful rehabilitation

Gorrick

(40 at first offence)

[2006] NSWCCA 232

7 x s.66C(2)

 

s.61L

VG

PG

6y

NPP 4y

 

Total: 6y

NPP 4y 6m

AD 1988 - Sexual relationship with naïve and unsophisticated 15y step daughter – 2003 while staying at friend's house climbed into bed with 17y daughter of friend and touched breasts

SDS

(34)

[2009] NSWCCA 159

4 x s.66C(2)

PG

(25%)

6y

NPP 4y

ADMinor, irrelevant.Offences took place in 1997 when D was 23 years old – victim aged 14 was D's sister-in-law (younger sister of D's wife) – penile vaginal intercourse and fellatio.

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

MRW

[2011] NSWCCA 260

s.66C(2)VG

4y 6m

NPP 2y 4m 15d

AD 2002 – digital penetration of 10y daughter while giving massage – ceased upon complaint – spontaneous offence - below mid-range

Versi

(36-40y / 62 at sentence)

[2013] NSWCCA 206

s.66C(2)

 

s.61E(2)

VG

2y 3m

NPP 15m

 

Total:

2y 6m

NPP 1y 6m

ADNil

1985-6 – sexual abuse of stepdaughter aged 11-12y – had V rub cream over penis and testicles – rubbed V's vagina while in bed with slight digital penetration

Good character

Doyle

(69 at sentence)

[2014] NSWCCA 4

Att s.66C(2)

5 x s.66C(2)

 

22 x s.61E(1A)

3 x s.81

2 x.78Q(1)

s.78Q(2)

4 x s.61M(1)

VG

5y

NPP 2y 6m

 

FT 3y

FT 2y 6m

FT 18m

FT 12m

FT 4y

 

Total:

7y

NPP 4y 6m

Crown AA

Commencement dates changes to increase total sentence:

 

9y

NPP 6y 6m

Nil1980-2003 – proprietor of cinema committed offences on five teenage male employees over 23 years – fondled penis – digital / anal penetration – fellatio – indecent photos – grooming – no violence or threats

 

 

--------------- 

   

 

Sex Offences - Sexual Intercourse with Child between 10 and 14 - s.66C(2) 

Commenced 13.6.2003

Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years in circumstances of aggravation is liable to imprisonment for 20 years.

(5) In this section, circumstances of aggravation means circumstances in which:

(a) at the time of, or immediately before or after, the commission of the offence, the alleged offender intentionally or recklessly inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or

(b) at the time of, or immediately before or after, the commission of the offence, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or

(c) the alleged offender is in the company of another person or persons, or

(d) the alleged victim is (whether generally or at the time of the commission of the offence) under the authority of the alleged offender, or

(e) the alleged victim has a serious physical disability, or

(f) the alleged victim has a cognitive impairment, or

(g) the alleged offender took advantage of the alleged victim being under the influence of alcohol or a drug in order to commit the offence, or

(h) the alleged offender deprives the alleged victim of his or her liberty for a period before or after the commission of the offence, or

(i) the alleged offender breaks and enters into any dwelling-house or other building with the intention of committing the offence or any other serious indictable offence.

Standard non-parole period (for offences committed on or after 29.6.2015) – 9 years imprisonment

CaseOffencePleaSentenceAppealPriorsFacts

OM

(16)

 

 

MH

(15)

 

AA

(15)

 

AS

(15)

 

[2009] NSWCCA 267

s.66C(2)

 

 

 

2 x s.66C(2)

 

 

s.66C(2)

 

 

s.66C(2)

PG

(25%)

2y 3m

NPP 12m

 

 

2y 10m

NPP 16m

 

2y 3m

NPP 12m

 

2y 3m

NPP 12m

AA

2y 3m

NPP 9m

 

2y 10m

NPP 12m

 

2y 3m

NPP 9m

 

2y 3m

NPP 9m

Nil

 

Nil

 

Nil

 

Nil

 

Group of seven youths sexually assaulted 13y female – forced to perform fellatio on AS, AA and OM in public toilets and on rooftop on building – penile / vaginal intercourse with MH in toilet – digital penetration by MH in change room - offenders also present when victim forced to perform fellatio and digitally penetrated by other offenders – offenders unaware victim not consenting – low range of gravity

Good work records

NW

(24)

[2011] NSWCCA 178

s.66C(2)

 

Use child for pornographic purposes

 

Sched:

3 similar offences

PG

(15%)

6y 8m

NPP 4y 2m

 

Total:

7y 8m

NPP 5y 2m

AA

(to reduce accumulation)

 

Total:

7y 2m

NPP 4y 8m

Nil relevant

Sexually assaulted 11y niece sleeping over at offender's house – digital penetration, cunnilingus – took photos of victim's vagina holding vagina open – pictures taken for own use – continued despite victim's request to stop

Sexually abused as a child – good prospects of rehabilitation

 

KB

(20)

 

JL

(18)

 

RJB

(21)

 

[2011] NSWCCA 190

s.66C(2)

 

 

s.66C(2)

 

 

s.66C(2)

PG

(25%)

15m imp

Suspended

 

15m imp

Suspended

 

GBB 2y 6m

Crown AD

Nil

 

 

Mid PCA, Resist arrest

 

Receiving

Sexual acts committed upon female Victim aged 12y – victim had been drinking – acquainted with offenders and had arranged to meet – JL committed oral sex – KB committed digital sex – no evidence of interference by RJB but he provided comfort to the others.

KB  - supportive family, employed

JL – supportive family and partner, employed

RJB – supportive family and partner, employed

Offences at lower end of range.

CS

[2014] NSWCCA 229

5 x s.66C(2)

 

s. 61O(1)

PG

Total:

10y 6m

NPP 7y 6m

AA in part. Commence-

ment dates adjusted only. Total term not adjusted.

 Friend of V's mother and lived with V and family  – V female aged 10-14 at time of offences – penile intercourse, fellatio and cunnilingus –level of grooming such  that V 'consented' to acts – acts representative of wider abuse over 4 year period – gross breach of trust.

AK

(46-47)

[2016] NSWCCA 238

2 x s.61M(2)

 

s.66C(2)

 

Sched:

s.66C(2)

PG

(10%)

s.66C(2)

10y 8m

NPP 7y 6m

 

Total:

11y 3m 2w

NPP 8y

AD

(error made but no lesser sentence)

Drink driving and dishonestyTwo Victims aged 10-11y - forced de facto's daughter to have shower with him and touched genitals – on separate occasion forced victim into bedroom and forced vaginal and anal intercourse – ceased assault when de facto returned home – in context of sexual touching over long period – second victim friend of first victim – when victim visiting house offender stood naked before victim then later touched vagina under pants until victim removed hand