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 - Sexual Intercourse Without Consent - 1983-1991 - s.61D Category 3 

s61D(1)
Sexual intercourse without consent- max penalty 7 years (increased to 8 years from 21.2.1988)
With person under age of 16 years- max penalty 10 years
(14.7.1981 - 17.3.1991)
s61D(1A)
Sexual intercourse with person under 16 and under authority- max penalty 12 years
(23.3.1986 - 17.3.1991)
s61D(1B)
Sexual intercourse in company- max penalty 10 years
In company with person under 16 years- max penalty 12 years
(21.2.1988 - 17.3.1991)
s61D(1C)
Sexual intercourse in company with person under 16 and under authority- max penalty 14 years
(21.2.1988 - 17.3.1991)
 
NAME
OFFENCE
PLEA
SENTENCE
APPEAL
RECORD
INVOLVEMENT & SUMMARY

Clarke
NSW CCA
18.2.1983

4 x s.61D (under 16y)
2 x s.61E(2)
s.76

PG

6y
4y
(cumulative)

Total
10y
NPP 3y 6m

AA
6y
NPP 2y
(1y concurrent)

minor traffic

Various assaults committed on children of de facto wife and friends - All committed in home of appellant - Element of breach of trust
Contrition - Sentences imposed for indecent assaults greater than maximum penalty

Marwick
(31)
NSW CCA
17.3.1983

2 x s.61D(1)
s.61E(2)

PG

4y 6m
2y 6m
(cumulative)

Total
7y
NPP 1y 9m

AA
Total
5y
NPP 18m

minor traffic

Sexually assaulted 9y son of de facto while in bed - Committed fellatio on complainant and placed finger in anus
Prior good character

S Ragan
(17)

 


G Ragan
(22)

NSW CCA
14.4.1983

3 x s.61D(1)



s.61D(1)
Att s.61D(1)

PG


 


PG

10y
NPP 5y

 


8y
NPP 3y 6m

AD

Record includes some violence

Prior record includes violence offences

Complainant accompanied appellants in car to purchase drugs - Taken to secluded area and sexually assaulted - Penile intercourse and fellatio - Taken in another van with other people - Anal intercourse - Threats and degree of violence - Further indignities inflicted

Higgins
(16)
NSW CCA
8.12.1983

s.61D(1)

PG

4y
NPP 1y 3m

AD

prior offences

Entered home of female acquaintance and sexually assaulted her - Complainant 7 months pregnant - Digital penetration - Attempted full intercourse
Aboriginal with deprived childhood

O'Donoghue
(16)
NSW CCA
29.6.1984

s.61D(1) (under 16y)
s.61

PG

Total
9y
NPP 4y

AA
(to make sentences concurrent)
6y 6m
NPP 4y

prior convictions - on bond

With co-offender attacked 14y male of frail build and almost blind - Forced anal intercourse - No reason for attack - Attack took place over three locations - Threatened violence

Davis
(15)
NSW CCA
21.12.1984

4 x s.61D
2 x BES

PG

3y GBB

Crown AD
(exercise of discretion)

nil

Broke into home of 60y and sexually assaulted her - Stole property - Broke into home again one month later
Deaf and dumb - Aboriginal - Intellectual retardation

Dillon
(33)
NSW CCA
7.2.1985

2 x s.61D(1) (under 16y)
Att s.61D(1)

PG

11y
NPP 4y

AA
7y
NPP 3y

irrelevant

Drove 14y female home from party and gave her alcohol - Drove her to country and sexually assaulted her - Forced fingers and then penis into vagina - Attempted to force penis into mouth
Problems with alcohol addiction

Bedford
(1986) 28 A Crim R 311

7 x s.61D(1)
2 x s.61E(1)

VG

4y 6m
2y
(cumulative)

Total
6y 6m
NPP 3y
(+7*m PSC)

AD

Forced 18y female from street to nearby building - Brutal assault - Forced her drive to another location and continued assault
Retrial

Harris
(34)
NSW CCA
24.7.1987

2 x s.61D(1A)
2 x s.61E(1)

PG

4y
NPP 12m

AA
3y
NPP 6m

irrelevant

Sexually assaulted 14y daughter on numerous occasions - Digital and penile interference with vaginal area and oral sexual encounters
Prior good character.
Sentence reduced only to make allowance for failure of judge to impose immediate custodial sentence

Smith
(22)
NSW CCA
7.7.1988

s.61D(1)

PG

Granted bail

Crown AA
5y
NPP 2y 6m

no prior convictions

Directed female taxi driver to remote area then sexually assaulted her - Made threats although no weapon
Lost right hand in train accident - Developed serious alcohol problem as result of accident and upbringing

Field
NSW CCA
18.8.1988

s.61D(1) (under 16y)

VG

5y 6m
(cumulative to sentence for kidnapping)

AA
(to set NPP after conviction appeal for kidnapping allowed)
5y
NPP 3y 6m

Took 13y girl to secluded area and sexually assaulted her
Conviction for kidnapping quashed on appeal

Hemsley
(24)
(1988) 36 A Crim R 334

s.61D

VG

7y

AD
(backdated for PSC)

serious record - on parole for same offence

Involved in sexual assault by group of men on female complainant at party

DPP v Garnam
(56)
NSW CCA
9.3.1989

2 x s.61D(1) (under 16y)
s.61E(2)

VG

3y GBB

Crown AD
(only because of delay in lodging appeal)

nil

On two occasions licked vagina of 9y female neighbour - Had complainant touch penis and showed her pornographic books - Elements of breach of trust
Prior good character - Medical condition

Morris
(33)


Turner
(52)

NSW CCA
10.3.1989

s.61D(1)



s.61D(1)

PG



PG

2y
NPP 6m


1y
NPP 3m

Crown AA
5y
NPP 3y


2y 6m
NPP 15m

nil



minor dishonesty conviction

Sexually assaulted 60y mother of M after argument over money
Evidence of prior good character

Ristevski
(17)
(1989) 39 A Crim R 11

s.61D(1) (under 16y)

VG

3y
NPP 18m

AA
3y
NPP 12m

not stated - first time in custody

Sexually assaulted 15y met at club - Complainant held down by another male
Significant delay justifies reduction in NPP.

Kovacs
(36)
NSW CCA
29.3.1989

3 x s.61E(2)(a)
3 x s.61E(1)(a)
s.61D(1) (under 16y)

PG

2y
2y
(cumulative)

Total
4y
NPP 2y

AD

nil

Sexually assaulted 7y daughter of de facto while wife at work - Showed complainant pornographic material and vibrator - Massaged genital area of complainant with vibrator - Complainant used vibrator on offender - Cunnilingus

Pickford
NSW CCA
12.5.1989


Co-accused: STAFFORD

s.61D(1)
Indecent assault

VG

6y
3y
(cumulative)

Total
9y
NPP 6y

AA
(to make sentences concurrent)

6y
NPP 4y 6m

lengthy record - containing violence

Digital penetration of complainant's anus - Biting on mon pubis

Webb
NSW CCA
28.6.1989

3 x s.61E(2)
8 x s.61D(1) (7 x under 16y)

VG

Total
20y
NPP 10y

AD

lengthy record - spent much time in custody

Sexually abused 2 daughters of de facto over three year period - Complainants aged 11-14y and 14-16y - Various forms of sexual abuse - On one occasion older girl held down by mother as offender inserted fingers then fist into vagina - Suffered tear in vagina requiring surgery

Strafford
NSW CCA
10.8.1989

Co-accused: PICKFORD

Att s.61D(1)
s.61E(1)

VG

Total
5y
NPP 3y

AD

Took complainant to beach with co-offender - Fondled breasts in car - Complainant forced onto sand dunes and sexually assaulted - Mouth covered while co-offender attempted intercourse - Attempt to place penis in mouth - Degree of brutality

White
(1989) 46 A Crim R 251

s.61D(1)

VG

5y 6m
NPP 3y

AD

minor

Met complainant at beach and invited home for coffee - Sexual assault committed after coffee

Georgiou
(early 20s)
NSW CCA
31.5.1990

s.61D(1)
2 x aid and abet s.61D(1)

VG

Total
8y
NPP 4y 6m

AD

record for less serious offences - no sexual offences - on bond

With co-offender offered lift to 2 young girls walking in rain - Drove the girls to isolated area in National Park and sexually assaulted them - Younger assaulted in front seat by co-offender twice - Older girl assaulted in back seat by offender - Threats of violence and actual violence
Good background - Good prospects of rehabilitation

Bowman
(18)
NSW CCA
24.8.1990

3 x Att s.61D(1)

PG

MT 9m
AT 3m

Crown AD

Broke into home of 17y female acquaintance and attempted sexual intercourse - Circumstances unclear - Some degree of consensual activity - No evidence took advantage of complainant's mental retardation

Draper
(18)
NSW CCA
9.10.1990

3 x Att s.61D(1)
(one victim aged under 16y)

PG

MT 5y 6m
AT 14m

AD

No serious or sexual prior convictions

Grabbed female from behind in street and attempted to penetrate vagina with fingers - In company with co-offender attempted to sexually assault 2 females walking in street on separate occasions - One complainant aged 15y

Vaughan
(69)
NSW CCA
4.3.1991

s.61D(1)
2 x Assault w/ act indecency

PG

5y 6m
3y 6m
(cumulative)

Total:
9y
NPP 3y 9m

AD

Nil

Full facts not provided - Complainant aged 8-9 years - offences took place during 1980-1983 - digital penetration - abuse of position of trust - number of other assaults.

Bampton
NSW CCA
29.4.1991

s.61D(1)

PG
(during trial)

MT 15m
AT 3m

Crown AA
MT 3y
AT 1y

No significant record

Followed middle-aged complainant home from train station - pushed into bushes - had intercourse until stopped by resident.
Original sentence 'remarkably lenient'.

King
NSW CCA
18.7.1991

2 x s.61D(1) AOABH

PG

18m PD

Crown AA
MT 2y 3m
AT 9m

Larceny, armed robbery

Sexually assaulted girlfriend with rolling pin - discovered complainant had been having sexual relations with other men.

Quinn
(1991) 55 A Crim R 435

2 x Att s.61D(1)
s.61D(1)
s.61E(1)

VG

Total
MT 5y
AT 1y 8m

AD

'Bad' record - no details given

Assaulted 18y female on train trip - Digital penetration and attempted anal penetration.

Williams
NSW CCA
15.8.1991

2 x s.61D(1)

VG

MT 4y 6m
AT 18m

AD

Lengthy - dishonesty, violence

Accompanied female friend back to her home - threatened use of knife unless she had sexual intercourse - digital and oral penetration.

Davis
(71)
NSW CCA
20.8.1991

2 x s61D(1) (under 16y)
Indecent Assault

PG

Originally sentenced for s.61D(1) and s.61D(1A)

Total
MT 3y
AT 1y

AA.
s.61D(1A) ('under authority') not proven and substituted with s.61D(1).

Total
MT 2y
AT 8m

Nil

Two offences of digital penetration upon adopted grand-daughter aged 15y - Indecent assault occurred when victim aged 6y - Assaults on victim and other female family members took place over number of years.

Pendlebury
(22)
NSW CCA
6.11.1991

1 x s.61D(1)
1 x Att s.61D(1)

PG

Total
MT 1y
AT 4m

Crown AA
MT 3y
AT 8m

Nil

Offered to walk female acquaintance to nearby nightclub - forced complainant into rear yard - penile penetration.
Fortnight later, on bail for first offence, entered home - attempted penile penetration with 42y woman whose young child was in house.
Heavily intoxicated on both occasions.