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 - Non-Custodial

Name
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary

Dalessandro
(21)
NSW CCA
12.12.1991

2 x indecent ass

VG

4m PD
12m PD
(concurr)

AA
4m PD
6m PD
(concurrent)

nil

15 year old girl employed by A in video shop. Offences  2 months apart. First offence sat V on lap and pulled her back and forward across thighs, penis hard against bottom. Second offence touched breast and placed V's hand down track pants, moving up and down penis.
Unlikely to reoffend. V unlikely to have suffered serious harm. Similar to what might occur between a young man and girl in romantic relationship except this was a relationship between employer and employee. This made it more serious and required custodial sentence, instead of recognisance.

Blacklock
(63)
NSW CCA
13.4.1992
s.61E(1A)​VG6m PD​AD​NilV was wife's sister's 9y grandchild. Visited often, but isolated incident. V on outside of pants.
Acquitted at trial of 2 other offences. Always willing to plead to conviction offence. Touched.
Aboriginal. Excellent character.

DCM
(70-75)
NSW CCA
26.10.1993

7 x indecent ass
1 x s.61M(1)
5 x sexual intercourse
1 x homo intercourse
2 x acts of indecency

PG

300 hrs CSO
3y GBB

Crown AD
'No absolute rule that conduct such as in question here must always be visited with a custodial sentence'p.6

nil

Offences occurred between Nov 1986 and April 1991. All victims young children, some of them grandchildren. Offences involved slight digital penetration, fellatio, touching of vaginal area, touching of breasts, victims touching A's penis, placing penis in anal area.
Leniency result of six factors
* good character (Merchant Navy)
* behavioural change after prostrate operation
* volunteered unknown offences
* behaviour successfully treated with drugs
* dementia

Lord
(60)
NSW CCA
7.2.1994

s.61M(1)

VG

3y GBB
$5,000 fine

AD

nil

V 14 year old part time employee. Rubbed V on penis outside of track pants.

Baxter
NSW CCA
26.5.1994

3 x s.61E(2A)

PG

3y GBB
(condition to continue with treatment)

Crown AD
Custodial sentence not mandatory where no penetration.

Sentenced for similar offences in Victoria

V 10 year old daughter. Twice rubbed V's vagina while lying on couch. In shower A washed V's vagina while she washed his penis. No violence. Not isolated incidents.
Sentenced for similar charges in Victoria. Suspended sentence and undergoing medical treatment.

Turner
(41-45)
NSW CCA
26.7.1995
28.7.1995

4 x s.76

PG

500h CSO

Crown AA
Should have been custodial. Because of health:
2y PD.

Nil

Old offences: 1976-80. Daughter of de facto. Offences occurred over four years: V aged 9 -13 years old. Representative charges. Took V out in car, touched her on vagina and breasts and forced her to masturbate him. On another occasion placed penis between buttocks. Offences affected V deeply.
Low intellectual capacity. Health problems. Unlikely to reoffend.

Johnson
(26-8)
NSW CCA
16.5.1997

6 x s.81

Form 2:
5 x s.81.

PG

18m PD
2y GBB

Crown AA
Full time custodial sentence appropriate, but double jeopardy applies.
3y PD
2y GBB

nil

Old offences - 1976 - 1978. V was wife's brother, aged 12 - 15y. Masturbation and fellatio. Admitted some offences in 1995 when first interviewed by police. Number of offences committed against V's will.
A aged 26 - 28 years old at time of offence. 47 at time of sentence. Offences an inappropriate reaction to stress in marriage. Mental breakdown shortly after. Now had good support from family.

KAH
(50 at sentence)
NSW CCA
15.7.1998

1 x carnal knowledge

Form 2:
2 x indecent ass
1 x act of indecency
2 x carnal knowledge

PG

3y PD

Crown AD

All but one carnal knowledge on daughter. 'Very serious offences ... committed from time to time over a period of time'.
Shame and remorse accepted. Offences occurred 19-20 years ago. A was very young man with 'extremely unhappy and unfortunate background'At sentence 'completely rehabilitated'Good relationship with Victim and children.

TKWJ
(30s)
NSW CCA [246]
13.9.2000

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

VG

450h CSO
(from JIRS summary)

Conviction AD

Nil

Assaulted de facto's 11-12y son - Touched penis
Prior good character - Physical injuries from car accident

Puskas
NSW CCA [43]
2.3.2001

s.61O(1)
Supply prohibited drug
2 x s.61L
5 x s.61M

PG

18m suspended
$3,750 fine

Crown AD

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.

DJS
NSW CCA [189]
14.5.2001

s66 (indecent assault)

PG

12m GBB

AA
Without proceeding to conviction, order pursuant to s 10 Crimes (Sentencing Procedure) Act that the charge be dismissed

nil

20 years ago as a 14y old touched 8y old sister on vagina - child experimenting in sexual activity.
Young man with own family - no criminal antecedents.

Schlenert
(14-15)
NSW CCA [481]
21.11.2001

Carnal knowledge female 10-16

PG

12m GBB

AA.
Without proceeding to conviction, order pursuant to s 10 Crimes (Sentencing Procedure) Act that the charge be dismissed.

Nil

Had sexual intercourse with victim (aged 12-13y) 18 years previously.
Apologised to victim shortly after offence. Excellent character. No risk to community.

G
(53)
NSW CCA
13.2.1990

2 x s.61E(1A)

PG

5y GBB
12m PD

AD

Nil

2 assaults on stepdaughter aged 11y and 13y - Touched breasts and vagina - Inappropriate kissing - Isolated incidents
Excellent character - Genuine contrition

Payne
(45)
NSW CCA
19.9.1990

Assault and commit act of indecency
Commit act of indecency on person under 16y

PG

6m PD

AD

Nil

7-8y female - Made C touch his penis while he touched her vagina on outside - On second occasion made C touch penis
Trusted family friend - Acute depression

Lancaster
(26)

Touhy
(22)

(1991) 58 A Crim R 290

s.61

s.61E(1)

PG

3y GBB
$500 fine
FT 6m

AA
3y GBB
$500 fine

Soldiers inflicting initiation rites on younger soldiers - C held down while pants removed - Second C held down and made to feel anus penetrated
History of toleration of behaviour in armed forces - Effect of imprisonment on army career

White
(60)
NSW CCA
21.5.1996
23.5.1996

Assault with act of indecency

VG

MT 3m
AT 9m

AA
12m PD

Nil

Long standing friend of male C's family - C staying at farm - Touched C on bottom outside clothes
Acquitted of 2 more serious offences - Could have been dealt with in LCt
Strong character evidence

Sams
(30)
NSW CCA
14.5.1997

s.61L

PG

2y PD

AD

SS fraud - Breached bond for assault

32y sister in law - Placed hand in vicinity of vagina while C sleeping

Cottrell
(73)
NSW CCA [213]
3.6.2002

Indecent assault on male

PG

3y 6m
NPP 2y 6m

AA
2y suspended

Considerable record for similar offences

21 years ago - Fondled genitals of 12y foster son while boy in bath
Received substantial counselling and medical assistance

Silcock
(67)
NSW CCA [442]
20.12.2004

5 x s.61E(1)

PG

2y
suspended

Crown AD

Considerable record for similar offences

Assault of 10-14y boy over 20 years ago - no anal penetration - breach of trust - sharing a room w V - previously sentenced to recognizance and no Crown appeal
Very poor health, including partial amputation of the penis - risk of re-offending thereby reduced - use of catheter and risk of infection - extraordinary circs, sent not manifestly lenient - MJR applied

JJS
(14)
NSW CCA [225]
9.6.2005

s.61M(2)

PG

5y GBB

AA
3y GBB
Condition of bond deleted

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