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These tables are 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 - Child Victims - s.61D

s61D(1) - Sexual intercourse without consent 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 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) 

NAMEOFFENCEPLEASENTENCEAPPEALRECORDINVOLVEMENT & SUMMARY

Clarke

NSW CCA

18.2.1983

4 x s.61D

 

2 x s.61E(2)

s.76

PG

6y

 

Total

10y

NPP 3y 6m

AA

6y

NPP 2y

(1y concurrent)

minor traffic

1981 – sexually assaulted 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

 

Total

7y

NPP 1y 9m

AA

Total

5y

NPP 18m

minor traffic

1982 - Sexually assaulted 9y son of de facto while in bed - Committed fellatio on complainant and placed finger in anus

Prior good character

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 bond1983 - 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

Dillon

(33)

NSW CCA

7.2.1985

2 x s.61D(1)

 

Att s.61D(1)

PG

11y

NPP 4y

AA

7y

NPP 3y

irrelevant

(Date of offence unstated) 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

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

(Date of offence unstated) 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

Field

NSW CCA

18.8.1988

s.61D(1)VG

5y 6m

(cumulative to sentence for kidnapping)

AA

(to set NPP after conviction appeal for kidnapping allowed)

5y

NPP 3y 6m

 

1985 - Took 13y girl to secluded area and sexually assaulted her

Conviction for kidnapping quashed on appeal

DPP v Garnam

(56)

NSW CCA

9.3.1989

2 x s.61D(1)

 

s.61E(2)

VG3y GBB

Crown AD

(only because of delay in lodging appeal)

nil

1985-6 - 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

Ristevski

(17)

(1989) 39 A Crim R 11

s.61D(1)VG

3y

NPP 18m

AA

3y

NPP 12m

not stated - first time in custody

(Date of offence unstated) 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

s.61D(1)

 

3 x s.61E(2)(a)

3 x s.61E(1)(a)

PG

2y

 

Total

4y

NPP 2y

ADnil(Date of offences unstated) 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

Webb

NSW CCA

28.6.1989

8 x s.61D(1)

 

3 x s.61E(2)

VG

Total

20y

NPP 10y

ADlengthy record - spent much time in custody(Date of offence unstated) - 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

Vaughan

(69)

NSW CCA

4.3.1991

s.61D(1)

 

2 x Assault w/ act indecency

PG

5y 6m

 

Total:

9y

NPP 3y 9m

ADNil1980-1983 - full facts not provided - complainant aged 8-9 years - - digital penetration - abuse of position of trust - number of other assaults.

Kozakiewicz

NSW CCA

11.6.1991

3 x s.61D(1A)

 

4 x s.61E(2A)

 

PG

4y 8m

NPP 3y 6m

 

Total:

5y 2m

NPP 4y

AD Sexually assaulted step daughter aged 11-12y over two years

Davis

(71)

NSW CCA

20.8.1991

2 x s61D(1)

 

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

Nil1981-1989 - 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.

Dent

(28-34 at offences)

NSW CCA

14.3.1991

4 x s.61D(1)

 

2 x s.81

2 x s.81A

s.61E

s.61E(2)

PG

MT 2y 3m

AT 9m

(concurrent fixed sentences)

Crown AA

MT 3y

AT 1y

Dishonesty offences

1980-1986 – sexually assaulted stepson aged 9-15y – indecent touching while playing 'tickling game' – digital penetration of anus – fellatio of victim and forced fellatio of offender

Police officer – protective custody

Tillman

NSW CCA

17.2.1992

s.61D(1)

 

2 x Act of indecency

VG

PG

MT 4y 6m

AT 18m

(concurrent fixed sentences)

AD 1989 – sexually assaulted 10y daughter of de facto – indecent touching of vagina and penile penetration

Marshall

NSW CCA

21.4.1992

3 x s.61D(1)

 

VG

MT 2y 3m

AT 9m

ADnil

1984-1986 – sexually assaulted wife's niece aged 11-13y –penile/oral intercourse - victim came to Australia as a 'boat person' and offender involved in assisting them

Good character

E C

(18 at sentence)

NSW CCA

11.6.1992

s.61D(1)PG

MT 18m

AT 3y 6m

AA

MT 18m

AT 2y

Record for serious criminal offences1990 – forced fellatio from 15y inmate of detention centre at knifepoint

DJM

NSW CCA

13.8.1992

4 x s.61D(1)PG

MT 3y

AT 4y

AD 

1979-1983 - Sexually assaulted daughter aged 6-10y – representative counts – penile penetration of vagina

Lengthy delay

DTB

NSW CCA

24.11.1992

3 x s.61D(1)

 

3 x s.61D(1A)

PG

MT 7y

AT 1y 8m

ADNil similar1985-1990 – sexually assaulted step-daughter aged 11-16y – penile/vaginal penetration – pattern of offending – became pregnant and gave birth to son

Martinez

NSW CCA

23.3.1993

2 x s.61D(1A)VG

MT 6y

AT 2y

ADRecord including personal violence

1987-8 – sexually assaulted stepdaughter aged 10-11y – part of ongoing sexual misconduct

Political prisoner in El Salvador suffering torture

M

(63 at sentence)

NSW CCA

15.9.1993

2 x s.61D(1)

 

4 x s.61E(1)

VG

MT 3y 6m

AT 6m

AD 

(time period not stated) Sexually assaulted three girls aged 10y, 6y and 5y living in same apartment building as offender – digital penetration and fellatio

Poor health

BDR

(12-19 at offence)

NSW CCA

17.12.1993

2 x s.61D(1)

 

3 x s.76

PG

MT 2y 6m

AT 2y 6m

(concurrent fixed sentences)

AD 

1976-1982 – sexually assaulted sister aged 9-15y – not isolated offences

Police officer with promising career

Heilbronn

NSW CCA

1.8.1995

3 x s.61D(1A)

 

s.61E(1)

2 x s.66C

PG

MT 4y

AT 3y

(concurrent fixed sentences)

AD 1988-1991 – sexually assaulted step-daughter aged 10-13y – rubbed vagina outside underpants – digital and penile penetration – ongoing relationship with intercourse once or twice a month

F

NSW CCA

20.2.1996

2 x s.61D(1)VG

MT 2y 3m

AT 9m

AD 1985 - Forced 15y stepdaughter to perform fellatio in back of van while driving with mother – several months later digitally penetrated victim while driving to mother's birthday party

Thomson

NSWCCA

18.6.1996

2 x s.61D(1)

 

s.61E(1)

 

Schedule

5 x s.61E(2)

4 x s.61D(1)

AOABH

s.61E(1)

PG

MT 6

AT 2y

(concurrent fixed sentences)

AD 1982-1987 - Sexually assaulted three step children over many years – pre-meditated offences to satisfy sexual lust and avoid detection by mother – offences involved anal rape, forced masturbation, fellatio, digital penetration and molestation – one child suffered broken leg

GJT

NSW CCA

24.7.1996

s.61D(1)VG

MT 2y 6m

AT 18m

AA

To backdate sentence

 No detail – sentence backdated after successful conviction appeal against separate indecent assault offence

King

(76 at appeal)

NSW CCA

2.4.1997

s.61D(1)

 

3 x s.76A / 61E(2)

4 x s.76 / 61E(1)

2 x s.61M(2)

s.61E(2)

PG

2y PD

2y GBB

Crown AA

MT 12m

AT 12m

Nil relevant1979-1992 - Sexually assaulted three granddaughters – one victim aged 5y when offences commenced

Hardy

(24-32)

NSW CCA

5.6.1997

5 x s.61D

 

2 x Att s.61D

 

10 x s.81

s.61E(1A)

PG / VG

MT 7y

AT 4y

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

Ware

(17 at offence)

NSW CCA

9.7.1997

s.61D(1)

 

2 x s.61E(1)

s.61E(2)

PG

MT 18m

AT 6m

AA

FT 6m

Nil

1983 – while living with victim's family sexual abuse 8-9y niece – digital penetration

Attempted to bring misconduct to police - rehabilitation

AK

(13-20y at offences)

NSW CCA

29.10.1997

2 x s.61D(1)PG

MT 3y

AT 3y

AD 

1983 sexually assaulted 7y sister – digital penetration of vagina then forced fellatio until ejaculation

1989 forced 13y victim to have penile/vaginal intercourse then threatened her with knife

Not isolated offences

G

NSW CCA

10.12.1997

2 x s.61D(1)

 

6 x s.61E(1)

VG

MT 4y

AT 3y

(concurrent fixed sentences)

AD 1978-1988 – sexually assaulted stepdaughter aged 9-18y

V

NSW CCA

24.2.1998

3 x s.61D(1)

 

4 x s.76

PG

MT 3y

AT 3y

(concurrent fixed sentences)

ADnil1979-1984 - Sexually assaulted two stepdaughters aged 9-13y – representative of extensive sexual misconduct – digital penetration and indecent touching

Heptonstall

(37-42)

[1999] NSWCCA 54

4 x s.61D(1)

 

7 x s.61E(1)

PG

MT 5y

AT 1y 8m

 

Total:

MT 8y

AT 1y 8m

AA

MT 4y 3m

AT 2y 5m

 

Total:

MT 7y 3m

AT 2y 5m

nil1981-1986 – offences committed on four girls entrusted into care of offender for holidays by the sea –victims aged 10-14 years - indecent touching while showering with victims – gave victims tablets to fall asleep and lowered pants – showed lewd videos – penile and digital penetration = offences involved planning and calculation

Rodgers

(37-51 at offences - 63 at appeal)

[1999] NSWCCA 260

4 x s.61D(1)

 

5 x s.81

2 x s.61E(1)

 

Sched:

11 x indecent assault

PG

MT 7y 6m

AT 2y 6m

(fixed concurrent sentences)

AA

MT 5y 6m

AT 2y 6m

Priors for indecent assault in New Zealand

1974-1990 – Church camp leader sexually assaulted six male victims aged 6-12y – indecent touching of victim's penis – fellatio on victim – thrusting penis between legs of victim – breach of trust

Most offences committed after absconding from bail

Kelly

(58 at sentence)

[2000] NSWCCA 168

27 x s.61D(1)

 

9 x s.61E(1)

PG

 

MT 5y

AT 3y 6m

(fixed concurrent sentences)

AD 1981-1986 - Sexually assaulted three daughters of friends over 5 years – victims aged between 5-13y – digital penetration, fellatio and penile/vaginal intercourse – voluntary confessions to wife and victim's parents

GPP

(16-33y)

[2000] NSWCCA 181

s.61D(1)

 

Att s.61D(1)

 

s.61E(1A)

s.61E

3 x s.76

s.61L

VG

MT 6y

AT 2y

(fixed concurrent sentences)

AD 

1975-1991 - Sexually assaulted four female victims aged 8-15y - indecent touching – forced 8y cousin to perform fellatio – attempted penile penetration on same cousin 7 years later

Poor health

A R D

[2000] NSWCCA 443

13 x s.61D(1)

 

2 x Att s.61D(1)

 

s.61D(1B)

 

2 x s.61E(2)

Pervert course of justice

 

Sched:

Pervert course of justice

VG

Total:

MT 7y 6m

AT 2y 6m

Conviction AD 1985-1991 – sexually assaulted two nieces aged 9-17y over 6 years – indecent touching, fellatio, penile/vaginal penetration – forced son to have intercourse with one victim – digitally penetrated 12 niece of de facto on one occasion – offered money to de facto to give false evidence – conviction appeal only

Hayes

(42-3 at offences - 59 at appeal)

[2001] NSWCCA 410

8 x s.61D(1)

 

3 x s.61E(1)

PG

MT 4y

AT 2y

ADOffences committed while on bail or recognisance for sexual offence

1984-5 – two victims

Health issues

MJR

(2002) 130 A Crim R 481

NSWCCA

4 x s.61D(1A)

 

s.61E(1A)

s.61E(1)

 

Sched:

10 similar offences

PG

(30%)

9y

NPP 5y

(concurrent fixed sentences)

AA

6y 6m

NPP 5y

 1983 – 1989 Sexually assaulted two daughters aged 12-16y over seven years - Digital penetration of external genitalia and fondling of breasts – Youngest daughter suffering cerebral palsy and associated intellectual impairment

Slater

(2003) 142 A Crim R 322

NSWCCA

s.61D(1A)(a)

 

s.61D(1)

 

Sched:

4 sexual offences

PG

(25%)

4y

NPP 2y

 

Total:

5y

NPP 3y

AD 1982 – 1991 –sexual intercourse with 12y daughter – second count involved intercourse with daughter aged 21y without her consent – committed four further acts when victim aged 13, 16 and 17y

Sheehan [No.2]

(61 at sentence)

[2006] NSWCCA 332

s.61D(1)VG

7y 6m

NPP 5y

AA

6y

NPP 4y

Significant record – old with no sex offences

1981-1986 - Penile intercourse with 10-11 year old step-daughter – not isolated assault – violence and fear.

Originally sentenced for 7 additional offences – successful conviction appeal.

Ill health

Lozanovski

(56 at sentence)

[2006] NSWCCA 143

3 x s.61D(1)

 

3 x s.61E(1)

s.90A

s.61L

VG

 

PG

3y 6m

NPP 12m

 

Total:

8y 6m

NPP 6y

AA

Total:

5y 6m

NPP 4y

nil

1982-1989 - Sexually assaulted niece aged 9-16y – fondling of breasts and digital penetration – not isolated incidents

1996 – fondled victims breasts when she was 22y

GG

(2010) 204 A Crim R 125

NSWCCA

3 x s.61D(1)

 

2 x s.61E(1)

VG

Total:

3y 6m

NPP 2y 3m

AD 1984-1986 – sexually assaulted step-daughter aged 12-14y

RL

(Aged 14-16 at time of four offences; 49 at sentence)

[2015] NSWCCA 106

3 x s.61D(1)

2 x s.76

2 x s.71

 

Sched:

5 offences

PG

(25%)

7y

NPP 3y 3m

AA

6y

NPP 2y 9m

nil

1981-1986 -  juvenile offender

Primary victim  (PV) was A's niece, aged 6 - 12  - another victim, aged 10-11,  was PV's sister – third victim was PV's male cousin aged 8-9  - offences commenced in 1981 when  A was 14 years of age – last offence occurred in 1986 when A was 19 – fellatio, cunnilingus, digital and penile penetration.

 

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