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 - s.61M(1) & s.61M(2) 

s.61M(1) Aggravated Indecent Assault – 7 years imprisonment

Standard non-parole period (for offences committed on or after 1.2.2003) – 5 years imprisonment

(3)(b) circumstance of aggravation that victim under 16 years of age

Subsection (3)(b) removed 1.1.2009 – offence of aggravated indecent assault on person under 16 years of age moved to s.61M(2) and sentence increased to 10 years  

Name

Counts

Plea

Sentence

Appeal

Victim’s
Age

Record

Summary

Lord
(60)

NSW CCA 7.2.1994

s.61M(1)

VG

3y bond
$5,000 fine

AD

14y

nil

V employed by A. Touched V on outside of pants several times

Barrett
(81)

NSW CCA
26.7.1995

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

PG

MT 12
AT 12m

AA
MT 8m 15d
AT 15m

9y

No offences until 1992 – breached bond for indecent assault

Indecently assaulted two males aged 6y and 9y – first offence occurred 1990 – second offences occurred 1992 - knew parents of victims – breach of trust – touched victim’s penis

Fresh evidence of heart condition

Craig

NSW CCA
25.7.1994

s.61M(1)

VG

FT 6m

AD

9y

nil

Touched V’s breast & rubbed vagina whilst she swimming in river

White
(60)

NSW CCA
21.5.1996

s.61M(1)

VG

MT 3m
AT 8m

AA
12m PD

 

Nil

Long standing family friend – touched young male on bottom during holiday

EMT

NSW CCA
23.10.1996

3 x s.61M(1)

PG

MT 2y
AT 8m

AD

 

 

Very serious offences against daughter

Ill health

Prior
(51)

NSW CCA
7.10.1997

s.61M(1)

VG

MT 15m
AT 15m

AD

12y

Nil

Carer played with penis of male cerebral palsy sufferer in respite care

Kelly
(46 at commencement of offending)

NSW CCA
23.11.1998

4 x s.61M(1)

 

Sched:
2 x Supply LSD

PG

MT 2y
AT 1y

AD

11-14y
14y

Nil

Stepdaughter and friend – Representative offences against step daughter – Touched breasts and vagina – Gave stepdaughter LSD tablet

Murray
(58 at sentence)

NSW CCA [430]
8.2.2000

s.61E(1A)
4 x s.61M(1)

PG

MT 18m
AT 18m

(concurrent fixed sentence)

AD

 

Nil

1989-1995 – representative counts – indecent touching of daughter of de facto with hand, fingers and tongue – continued assaults after confrontation and promise to cease

JS
(53)

NSW CCA [38]
25.2.2000

2 x s.61M(1)

Sched:
s.61M(1)

PG

MT 18m
AT 18m

AA
MT 12m
AT 12m

13y

Nil

Touched breast and vagina on outside of clothes of step daughter during friendly wrestle. Form one offence involved touching exposed breast under dressing gown two weeks later.

Isolated offences, prior good character.

ACK

NSW CCA [180]
9.5.2000

2 x s.61M(1)

VG

MT 2y 1m

AT 3y

Conviction AD

14y

 

Daughter – Rubbed penis against vagina and ejaculated on legs

TKWJ
(30s)

NSW CCA [246]
13.9.2000

2 x s.61M(1)
s.61O(1)

VG

450h CSO
(from JIRS summary)

Conviction AD

11-12y

Nil

Assaulted de facto’s 11-12y son – Touched penis

Prior good character – Physical injuries from car accident

Thomson

NSW CCA [476]
22.11.2000

3 x s.61M(1)

PG

MT 2y 6m
AT 1y 6m

AD

11-12y

Nil

Indecently assaulted step son over 12 months – Rubbed penis, mouth on penis – Threats to withhold gifts

Health problems

Puskas

NSW CCA [43]
2.3.2001

s.61O(1)

Supply prohibited drug

2 x s.61L
5 x s.61M(1)

PG

18m suspended
$3,750 fine

Crown AD

15-16y

 

Inappropriate behaviour of music teacher towards 4 female students - students aged 15 and 16. Offences occurred over two year period.

Special circumstances - young daughter deaf and required intensive therapy involving whole family.

GKW
(49)

NSW CCA [130]
25.3.2002

4 x 61M(1)

PG
(25%) 

4y
NPP 2y

AD

12y

Nil

Victim daughter of family friend – Fondled breasts and external genitalia and placed tongue in mouth

Walder
(42)

NSW CCA [310]
25.6.2002

s.61M(1)

PG (30% on appeal – plea and Ellis)

4y 10m
NPP 3y

AA
3y
NPP 21m

10y

Similar offences

Touched and kissed daughter of friend on area of vagina

Dysfunctional background – Permanent and severe deafness

Giddy
(59)

NSW CCA [46]
28.2.2003

s.61M(1)

PG

18m
NPP 9m

AA
12m suspended from date of appeal

13y

nil

Gymnastics coach - Called victim into office and touched her on breasts - Non-threatening and non-violent

Taken up to DCt with other charges (subsequently acquitted) - on bail for 6 years

Campbell
(54 at sentence)

NSW CCA [125]
8.4.2004

7 x s.61M(1)

 

AOABH

PG
(25%)

7y
NPP 4y

AD

Under 16y

Breached bail and suspended sentence – priors for child sexual offences

1993-1996 - Sexually assaulted orphaned niece living with offender – victim suffering PTSD as result of offences – used violence and emotional manipulation

Alcohol problem at time of offences

AEL
(75 at sentence)

NSW CCA [148]
20.4.2005

s.61M(1)
s.71

Sched:
S.71

PG
(25% )

3y 9m
NPP 2y

(concurrent fixed sentence)

AD

 

 

Commenced sexual intercourse with 13y victim abusing position as spiritual leader – 1992 rubbed vagina of 14y daughter over clothing – not isolated offence

Poor health sentences - partially concurrent to existing interstate sentence

Pearson
(25)

NSW CCA [116]
20.4.2005

3 x s.61M(1)

s.91G(1)

Hinder investigation serious offence

Sched:
9 offences

PG
(20% )

3y 6m
NPP 18m

 

Total:
3y 6m
NPP 2y

AD

13y

Dishonesty offence

Female – assisted boyfriend to take photographs of naked victim – extensive efforts made to conceal offence – pressured into doing degrading and humiliating poses without consent on more than one occasion – concerned would lose job with offender

Sangalang
(44)

NSW CCA [171]
27.4.2005

s.61M(1)

PG
(25%)

4y 3m
NPP 2y 9m

AD

13y

Similar offence – received bond

SNPP 5 years Rubbed breast and vagina of complainant outside school uniform – kissed complainant and placed tongue in mouth – friend of family – amphetamine use – ‘just below mid-range’

Sentence appropriate despite erroneously using standard NPP as starting point

Tidona
(67)

NSW CCA [410]
2.12.2005

s.61M(1)

 

s.61N(1) (call up on breach)

PG
(15% )

5y 2m
NPP 3y 11m (concurrent fixed sentence)

AA
5y 2m
NPP 3y

12y

Breached bond imposed for s.61N offence

SNPP 5 years s.61N offence - Grabbed 13y neighbour and offered money to perform sexual acts

2 years later assaulted second neighbour who was helping clean house – exposed penis and pushed victim onto bed

Ill health

Sharwood
(39)

NSW CCA [157]
24.5.2006

5 x s.61M(1)

VG

7y 6m
NPP 5y 4m

AA
2y
NPP 1y 3w
(immediate release)

10y

Minor – not relevant

SNPP 5 years Male indecently assaulted friend of daughter staying overnight – part of one course of conduct – touched vagina over pants, placed hand on penis and pushed penis into back

Error as to max penalty – Protective custody – Exceptional effect on ill wife and daughter – Extra curial punishment

AIS
(19)

NSW CCA [355]
20.11.2006

s.61M(1)

PG
(20%)

2y 9m 2w 4d
NPP 9m

AD

13y

Nil

SNPP 5 years Swimming coach taking student home – tongue kissed, touched gentiles and placed complainant’s hand on groin area – unwelcome advances

Remorse

Woods
(35)

NSW CCA [83]
23.4.2008

s.61M(1) s.562AB(1) intimidation

PG
(15% )

1y 9m
NPP 9m

 

Total:
1y 9m
NPP 1y

AD

14y

 

SNPP 5 years Met victim through internet – arranged meeting and during drive touched victim on vagina and breast area over clothes – subsequently contacted victim and made threats if she did not agree to intercourse

Prior good character

Hudson
(43)

NSW CCA [90]
1.4.2008

s.61M(1)

PG
(10%)

3y 7m
NPP 2y 2m

AD

13y

Insignificant

SNPP 5 years Daughter of previous partner – breach of trust – tongue kiss and touched breasts and vagina – impulsive offence

FAM
(45)

NSW CCA [167]
8.8.2008

s.61M(1)

 

Sched:

s.91H(3) possess child pornography

PG
(16%)

2y 6m
NPP 18m

AA
To make correction to expiry dates

12y

Nil

SNPP 5 years Touched penis and testicles of sleeping son – child pornography found on computer

Previous good character – protective custody

Clarke
(29)

NSW CCA [13]
13.2.2009

s.61M(1)

VG

2y
NPP 12m

AD

15y

Minor

SNPP 5 years Half sister of defacto sleeping at offender’s house – touched nightie, fondled breast and touched pubic area outside underwear – breach of trust

EJDG

NSWCCA [251]

30.11.2012

2 x s.61M(1)

VG

5y
NPP 3y

AD

10y

Nil

SNPP 5 years Step-daughter – approached sleeping complainant and touched her on vagina for short time – several months later complainant came to sleep with mother because of nightmare – cupped vagina for ten minutes

Below average intelligence – good prospects of rehabilitation

No lesser sentence warranted despite error as to maximum penalty

Doyle

(69 at sentence)

NSWCCA [4]

20.2.2014

4 x s.61M(1)

 

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)

VG FT 4y

 

5y
NPP 2y 6m

FT 3y

FT 2y 6m

FT 18m

FT 12m

 

Total:
7y
NPP 4y 6m

Crown AA

Commencement dates changes to increase total sentence:

 

9y
NPP 6y 6m

Nil

SNPP 5 years 1980-2003 – 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

Peiris

(27-30)

NSWCCA [58]
17.4.2014

s.61M(1)

s.61M(2)

VG 17m

NPP 8m

 

Total:
18m
NPP 9m

AA

14m suspended
8m suspended

10y

14y

SNPP 5 years

2008, 2012 – put hand down top of female victim and squeezed breasts – trusted family friend

 

 ---------------------------------------------------

 

s.61M(2) Indecent Assault on Child Under 10 – 10 years imprisonment

Section amended 1.1.2009 to increase age of child to 16 years – maximum penalty remains the same

Standard non-parole period (for offences committed on or after 1.2.2003) – 5 years imprisonment

Standard non-parole period (for offences where conviction or plea on or after 1.1.2008) – 8 years imprisonment   

Name

Counts

Plea

Sentence

Appeal

Victim’s
Age

Record

Summary

Rose
(34)

NSWCCA
23.5.1996

s.61M(2)
s.61O(2)

PG

5y GBB

Crown AA
MT 18m
AT 6m

9y

Prior sexual offences

Friend of victim and mother – took victim to male shower after ocean swim – rubbed victim’s vagina and forced victim to wash around penis area

H
(62)

NSW CCA
23.5.1996

2 x s.61M(2)

s.61O(2)

s.61E(2)

 

Sched:
7 similar offences

PG

MT 5y
AT 3y
(concurrent sentences for other offences)

AA
MT 3y
AT 3y

6-9y

Prior conviction for child sexual offences

1988 – 1994 - Offences committed on four granddaughters over five years – kissing near penis, touching on or near penis and exposure – breach of trust – each offence of short duration

Protective custody

Stepto

NSW CCA
18.6.1996

3 x s.61M(2)

 

MT 3y
AT 12m

AD

9y

 

Rubbed penis up and down vagina until ejaculation

Roseby
(51)

NSW CCA
11.9.1997

2 x s.61M(2)

s.61O(2)

VG

MT 12m
AT 12m

3y GBB

AA
To change condition of bond requiring offender stay away from Newcastle

9y

Minor prior convictions – not similar

Previous relationship with mother of female complainant – placed hand up t-shirt and down pants – 10 months later rubbed vagina, placed foot on penis and exposed penis

Bipolar affective disorder

Di Cola
(55)

NSW CCA [195]
21.7.1999

2 x s.61M(2)

PG

MT 12m
AT 2y

AD

9y

Nil

Babysitting complainant – Pulled down pyjamas and moved on top of her

Health problems

Spiller
(30)

NSW CCA [36]
21.2.2000

s.61M(1)

3 x s.61M(2)

PG

MT 2y
AT 2y

AD

6-9y
12y

no sexual offences

Indecently assaulted two daughters of de facto. S.61M(2) committed on V over three years and representative counts. S.61M(1) isolated incident.

PAM
(41)

NSW CCA [494
24.11.2000

2 x s.61M(2)

   
3 x s.61O(2)

3 x s.91G

PG

FT 7y

 

(concurrent fixed sentences)

AA
7y
NPP 6y

 

Old child act of indecency offence

1994-1998 – took videos of six children aged 1-13y known to offender – children naked with focus on genital area – films of older children taken secretly - indecent assaults committed on child aged 5-6y – victim lay across offenders lap naked, exposing genital area - paedophile

Ellmore
(64 at sentence)

NSW CCA [242]
19.6.2002

2 x s.61M(2)

3 x s.76A

s.61E(1)

PG (25%)

8y

NPP 5y

   
FT 15m

FT 3y

 

Total:

11y

NPP 8y

AA
10y
NPP 6y 8m

8y, 10y, 12y

Substantial record for sexual offences – last offences breached parole

1981-2001: Rector of church indecently touched 8, 10 and 12y females in separate incidents – history of sexual interest and misconduct over 40 years

Lee
(37)

NSW CCA [63]

17.3.2003

s.61M(2)

 

Sched:
s.61M(1)

PG (20%)

4y
NPP 2y

AD

8y

 

Asked female victim waiting outside units to accompany him for photograph – led victim to stairwell and touched vagina beneath underwear – 6m earlier had posed as doctor, gained entry to house and touched 11y victim near vagina with cotton bud

Newbigging
(29)

NSWCCA [239]
29.7.2004

s.61M(2)

VG

18m
NPP 9m

Crown AD

8y

Nil

Complainant step-daughter of offender, aged 3 when first met him – touched and rubbed complainant’s vagina – abuse of trust

Acquitted of similar offences at trial

JJS
(14)

NSW CCA [225]
9.6.2005

s.61M(2)

PG

5y GBB

AA
3y GBB
Condition of bond deleted

3y

Nil

Assaulted 3y female cousin by undressing her and ejaculating

Disturbed family background – Stringent bail conditions for 20 months – condition of bond requiring no unsupervised contact with children under 12y uncertain and deleted

Blinco

NSW CCA [105]
5.4.2006

s.61M(2)

PG (25%)

4y 9m
NPP 2y 9m

AA
3y

NPP 1y 6m

9y

Nil relevant

SNPP 5 years Assaulted 9y daughter – touching vagina – discovered by wife.

Isolated incident – intoxicated – immediate contrition and remorse.

LJG
(16)

NSW CCA [216]
20.7.2006

s.61M(2)

PG (25%)

3y 9m
NPP 1y 9m

AD

7y

No other sex offences

SNPP 5 years Assaulted female walking dog with friend – took into bushes and pulled down underwear – rubbed penis around bottom

Intoxicated – dysfunctional childhood

Darrigo
(55)

NSW CCA [9]
5.2.2007

s.61M(2)

PG (25%)

7y
NPP 5y

AA
6y
NPP 4y 6m

4y

Lengthy – mainly dishonesty and driving offences

SNPP 5 years Touched victim in vaginal / buttock area on outside of underclothing whilst in shop.

Limited education – troubled upbringing – Aboriginal background.

Ivimy
(64 at sentence)

NSW CCA [25]
19.2.2008

8 x s.61M(2)

4 x s.61M(1)

s.61L

PG (10%)

11y
NPP 8y 3m

AD

7-17y

Record for similar offences

Sexually abused daughter of de facto aged 7-17y – rubbed and touched vaginal area with hand and penis – some offences committed with co-offender – offences committed in many different places – breach of trust

History of deprivation and sexual abuse

Henry

NSW CCA [69]

20.3.2009

2 x s.61M(2)

 
s.61O(2)

2 x s.91G(1)(a)

 

Sched:
2 offences

PG

4y
NPP 2y 6m

 

Total:
6y
NPP 4y

AD

8y

Breached recognisance for possessing child pornography

SNPP 5 years Approached three girls and asked to photograph them for magazine – asked them to remove shorts – lowered bikini bottoms of two girls exposing vaginal area – touched one girl on vagina – took photographs

Offender sexually abused as child -

GSH
(52)

NSW CCA [214]
25.8.2009

3 x s.61M(2)

VG

5y 4m
NPP 4y 3m

Crown AA
7y 6m
NPP 6y

9y

Record for child sexual offences

SNPP 8 years Touched 9y female complainant on breast and vaginal area – living at complainant’s grandmother’s house

Mayall
(32)

NSW CCA [37]
4.3.2010

2 x s.61M(2)

PG (25%)

7y
NPP 4y

AD

9, 8y

Social security fraud for which received GBB.

SNPP 8 years Touched 9y old and 8y old complainants on bottom and vagina – staying at complainants’ mother’s home.

Corby
(39)

NSW CCA [146]
14.7.2010

s.61M(2)

3 x s.61N(1)

PG (25%)

3y
NPP 18m

 

Total:
3y 6m
NPP 2y

AA
2y 3m

NPP 13m 2w

 

Total:
2y 7m
NPP 17m 2w

14y

Record but no sexual offences

SNPP 8 years Friend of family - Consensual relationship with victim who had low intellectual capacity – indecent assault offence consisted of kissing and cuddling victim – sent victim three images of appellant’s erect penis on mobile phone – honest but unreasonable belief victim aged 16y – toward bottom of range of seriousness

Socially isolated man of limited intelligence – not coped well with death of mother

BP
(64 at sentence)

NSW CCA [303]

13.12.2010

3 x s.61M(2)

 

s.76

VG

s.76 offence

2y
NPP 8m

 

Total
2y 8m
NPP 1y 4m

s.76 offence

3y
NPP 15m

 

Total
4y
NPP 2y 3m

7-9y

Nil

1970-1976 (s.76) – digital penetration of daughter aged 7-8y – not isolated offence

200-2001 – indecently assaulted first victim’s daughter aged 8-9y over 21m – touching vagina and sucking breast

PWB

[2011] NSWCCA 84

 

Judgment contains schedule of old cases pre-1999 involving s 61M(2) and other offences,

s.61E(1) [4y]

s.61M(2) [10y]

 

PG (15%)

4y 4m 24 days
NPP 2y

AA
2y 3m
NPP 1y 3m

6y

Nil

In 1982, A (aged 12) began sexual abuse of younger sisters (aged 4 and 6) – s61E(1): In 1987, A (aged 16) abused RB (aged 10), touching of body while on toilet – s61M(2): In 1991, A (aged about 20) abused JB (aged 6), touching of genitals – offences came to light in 2006 and A arrested in 2008.

Married with three children – supportive family – A was sexually abused by priest when aged 13-15.  

KW

(31)

[2013] NSWCCA 31

 

[2013] NSWCCA 84

s.61M(2)

 

3 x s.91H(2) Produce child pornography

s.91H(2) Possess child pornography

VG

 

 

 

 

PG

9y

NPP 8y

(concurrent)

AA

5y 6m

NPP 3y 5m

 

Total:

6y 6m

NPP 4y 5m

21mUsed finger to penetrate labia majora of 21m daughter while she was in bath – used phone to photograph incident – photographed daughter with legs apart focussing on vagina and naked photo of 6y son – considerable volume of pornography on laptop

 

Original sentence imposed on appeal subsequently adjusted to give effect to accumulation

Harris

[2013] NSWCCA 296

s.61M(2)

 

s.61M(1)

3 x BES

 

Sched:

12 x break and enter offences

PG

(25%)

8y

NPP 3y 6m

 

Total

12y

NPP 7y 6m

7y

NPP 4y

 

Total:

10y

NPP 7y 6m

5y

 

11y

​NilSNPP 5 years

Lured 5y school girl from playground into backyard to retrieve ball – pulled down victim's pants and placed her on exposed penis – ejaculated towards watching school children – on separate occasion grabbed 11y school girl walking down street – dragged into driveway and forced to ground – thrust exposed crotch on victim's lower back

Broke into residential property and stole property

Difficult childhood – drug addiction

Wray

(66)

[2014] NSWCCA 166

7 x s.61M(2)

 

Sched:

s.91H(2)

PG

(25%)

12y

NPP 9y

​AD9y

 

7y

Child sexual assault offencesSNPP 8 years

Befriended families of two victims – indecently assaulted 9y female on several occasions – rubbed vagina over clothes - hugged victim pushing penis against chest – rubbed nipples and kissed navel and neck – indecently assaulted 7y victim – tickled, squeezed and rubbed vagina on outside of clothes – significant breach of trust

Dysfunctional upbringing – paedophile – substantial physical ailments

WC

[2015] NSWCCA 52

3 x s.61M(2)​VG5y 6m

NPP 3y 6m

​AD​12ySNPP 8 years

Sexually assaulted 12y daughter of de facto – grabbed at Victim's vaginal area over school uniform as she walked past – on two occasions when victim lying on ground in lounge room pulled down pants and rubbed penis against bottom and vaginal area

Stoupe

(27)

[2015] NSWCCA 175

3 x s.61M(2)

s.931K(3)

PG

(25%)

1y 4m

NPP 8m

Crown AA

4y

NPP 2y 6m

​8ySNPP 8 years

Supervisor at after school child care centre – female V aged 8y sat on A's lap – A rubbed V's vagina and around V's anus, bottom – filmed V going to toilet.

Difficult upbringing

O'Connell

(46)

[2016] NSWCCA 43

2 x s.61M(2)

2 x s.91G(1)(a)

s.91H

 

Sched:

Related offences

PG

(25%)

5y 6m

NPP 3y 11m 19d

​AD9 / 12SNPP 8 years

Offended against two friends of daughter in 2010 and 2013 – placed erect penis on genitalia of 9y V and photographed her exposed genitalia – put mouth on genitalia of 12y V and photographer her dressed in lingerie – between high mid range to high range

Sexually abused as a child

GS

(48 at offences, 67 at sentence)

[2016] NSWCCA 266

3 x s.61M(2)

 

Sched:

2 x indecent assault

PG

(10%)

8y

NPP 5y

​AD9y

 

11y

Agg sexual assault child aged 111996 offences – female victims aged 9 and 11 – A was acquaintance of Vs' parents and teaching Vs horseriding – A rubbed vagina and vaginal area of Vs – abuse of trust – vast difference in age -  threats to victims – not isolated offences.

Ill health and age - Serious medical conditions – low prospects reoffending – special circumstances