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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 - Homosexual Intercourse with Male aged between 10 and 18 years - Multiple Counts - s78K

s.78K - Max penalty 10 years

Case

Offence

Plea

Sentence

Appeal

Record

Facts

Bharat
(31)
NSW CCA
17.4.1986

s.78K

PG

6y 9m
NPP 3y 9m

AD

Took 14y male friend to assist with car - forced two acts of anal intercourse - caused complainant to scream

Hayes
(59)
NSW CCA
7.2.1986

s.78K
Att s.78K

PG

5y
NPP 2y 6m

AA
3y 6m
NPP 9m

Sharing bedroom with 13y nephew - On first night committed act of fellatio on complainant - on second night attempted anal intercourse - complainant requested appellant desist - breach of trust
Prior good character - 'no harm done' to complainant

Pepper-Clayton
(68)
NSW CCA
11.12.1987

s.78K
Indecent assault

PG

6m PD
5y GBB

Crown AA
18m PD

Old indecent assault offences

Masturbated 11y son of female friend - Anal penetration while complainant under influence of drug - breach of trust - premeditation - not isolated offences

Bujdoso
(34)
NSW CCA 14.6.1990

5 x s.78K
3 x s.78L
1 x s.78Q

PG

MT 30m
AT 10m

AD

Prior for cultivate one plant

Soccer coach. Offences occurred over fifteen months. V aged 14-15. Fondled penis, fellatio and attempted anal intercourse.
Good subjectives.

Gore-Johnson
(60)
NSW CCA
16.4.1992

2 x s.78K

Sched:
3 x s.78Q

PG

MT 12m
AT 12m

AD

nil

Employed 15y V to do lawns. Later watched a pornographic video together. Fellatio.

Dong
NSW CCA 21.5.1992

1 x s.78K
3 x acts of indecency

PG

MT 4y
AT 16m

AA
MT 3y
AT 1y

No significant priors, no gaol

Father figure because of relationship with mother. V aged eleven. Offences occurred over six months, during which A suffered from depressive illness and drinking problem. Took advantage of V's curiosity. Good subjectives and good prospects of rehabilitation.

Gibbs
(65)
NSW CCA
16.6.1992

4 x s.78K

PG

Total:
MT 4y
AT 6m

AA
Conviction on 3rd count quashed.
MT 2y 6m
AT 10m

nil

Two victims: twelve and thirteen. Three counts of penile penetration of anus, and one digital penetration of anus. Friends of grandson.

Evans
NSW CCA 1.9.1992

4 x s.78K
2 x s.78L

PG

MT 3y 6m
AT 14m

AA to adjust sentence on attempt counts - total sentence unchanged

BES and driving

Manager of property for V's parents. 'Trusted friend' of stepfather. Offences over two years. Victim aged 12-14. Penetration of anus and fellatio.
'Situational' child offender with alcohol problem.

Cozens
(60)
NSW CCA
1.10.1992

2 x s.78K
3 x s.61E(1)

Sched:
6 x sexual off

PG

MT 3y
AT 1y

AA
(fresh medical evidence)
MT 2y 3m
AT 1y 9m

regarded as of no real significance

V frequented A's house to obtain cigarettes, alcohol and pornographic videos. Anal intercourse occurred on more than two occasions. Consistent course of sexual activity.

BCH
NSW CCA 7.10.1992

3 x s.78K

VG

MT 7y
AT 1y

AA
MT 5y
AT 3y

Became friendly with V (aged 11-15) and established trust with parents. Not isolated incidents. Offences occurred over 3-4 years.

Eagles
(58)
NSW CCA 16.12.1993

3 x s.78Q
4 x s.78K
1 x s.61E

Sched:
7 x s.61E
3 x 78K

VG / G

MT 7y
AT 3y

AD
Although near the top of the range not outside discretion.

One old offence of dishonesty

Five victims, aged between 8 and 12. Four contacted through Scouts, the other through baby sitting.
Low intellectual capacity.

Williams
(53)
NSW CCA 30.9.1994

2 x s.61E
6 x s.78K

VG

MT 6y
AT 2y

AA
(2 x s.78K and s.61E quashed on appeal)
MT 5y
AT 1y 8m

Proprietor of boarding house offering free accommodation. Offences occurred over several months. Victim aged 14. Given alcohol on first occasion, and induced to return to house after leaving.

Engert
(1995) 84 A Crim R 67

s.78K

PG

MT 3y 9m
AT 1y 9m

AD

Priors and on bail

Friend of the family. Suffering schizophrenia. Victim 13. Isolated offence.

McMinn
NSW CCA 20.5.1996

5 x s.78K

VG

MT 6y
AT 2y

AD

Similar priors

Friend of the family. Little to attract leniency. Victim aged 10.

McKenna
(31)
NSW CCA

s.78K

VG

MT 1y 3m
AT 5m

AA
FT 9m

No priors for similar offences

V aged 15y 9m - Isolated incident - Victim assisting in moving of furniture - Fellatio - No force
Fresh evidence as to complainant allowed on appeal

Doyle
(56)
NSW CCA
14.12.1994

2 x s.78K

PG

(intended effective sentence)
MT 3y
AT 12m

AA to adjust dates to take into account pre-sentence custody

Lengthy record - no relevant sexual offences

V aged 15y 3m - Picked up victim from refuge - Fellatio and anal intercourse

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

Hutton
(48)
NSW CCA
2.12.1998

s.78K

Sched:
3 x cannabis offences

PG

MT 2y 6m
AT 10m

AD

Minor

V aged 16y - Runaway - Visited A's home on several occasions - Watched porn, drank and smoked marijuana - Mutual sexual activity with A and co-offender - Anal intercourse

Virgona
(35-42)
NSW CCA [136]
7.6.1999

2 x s.81
3 x s.78K
s.78Q

PG
(during trial)

MT 4y 6m
AT 1y 6m

AD

Nil

Committed offences on nephew by marriage over 7 years - Victim aged 9-15y

Skene
NSW CCA [322]
25.8.2000

3 x s.61M(1)
3 x s.78K

VG

MT 4y
AT 1y 4m

AD

No gaol

Friend of victim's family - Fellatio and anal intercourse

Connors
NSW CCA [470]
20.11.2000

s.61M
4 x s.78K

VG

MT 3y
AT 3y

AD

V aged 13-14y - Minister of church had V and brother stay at house - Fellatio and anal intercourse - Breach of trust

AB
NSW CCA [496]
15.11.2001

6 x 78K

VG

8y
NPP 6y

AD

V a distant relative aged 10-16y - Anal intercourse - Continuing course of misconduct

Bishell
(late 20s)
NSW CCA [279]
7.6.2002

4 x 78K

VG

2y
NPP 1y 3m
PD

AA
(One count quashed on appeal)
FT 12m PD

V -son of de facto - Aged 14-15y - Anal intercourse

RLS

NSWCCA [236]

15.11.2012

4 x s.78K

2 x s.81

2 x s.78Q

 

Sched:

7 related offences

 

s.91H

PG(8%)

7y 6m

NPP 4y 9m

 

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

 

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