This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
2 x indecent ass
4m PD12m PD(concurr)
AA4m PD6m PD(concurrent)
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.
7 x indecent ass1 x s.61M(1)5 x sexual intercourse1 x homo intercourse2 x acts of indecency
300 hrs CSO3y GBB
Crown AD'No absolute rule that conduct such as in question here must always be visited with a custodial sentence'p.6
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
3y GBB$5,000 fine
V 14 year old part time employee. Rubbed V on penis outside of track pants.
3 x s.61E(2A)
3y GBB(condition to continue with treatment)
Crown ADCustodial 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.
4 x s.76
Crown AAShould have been custodial. Because of health:2y PD.
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.
6 x s.81Form 2:5 x s.81.
18m PD2y GBB
Crown AAFull time custodial sentence appropriate, but double jeopardy applies.3y PD2y GBB
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 CCA15.7.1998
1 x carnal knowledgeForm 2:2 x indecent ass1 x act of indecency2 x carnal knowledge
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 13.9.2000
2 x s.61M(1)s.61O(1)
450h CSO(from JIRS summary)
Assaulted de facto's 11-12y son - Touched penisPrior good character - Physical injuries from car accident
PuskasNSW CCA 2.3.2001
s.61O(1)Supply prohibited drug2 x s.61L5 x s.61M
18m suspended$3,750 fine
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.
DJSNSW CCA 14.5.2001
s66 (indecent assault)
AAWithout proceeding to conviction, order pursuant to s 10 Crimes (Sentencing Procedure) Act that the charge be dismissed
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 21.11.2001
Carnal knowledge female 10-16
AA.Without proceeding to conviction, order pursuant to s 10 Crimes (Sentencing Procedure) Act that the charge be dismissed.
Had sexual intercourse with victim (aged 12-13y) 18 years previously.Apologised to victim shortly after offence. Excellent character. No risk to community.
2 x s.61E(1A)
5y GBB12m PD
2 assaults on stepdaughter aged 11y and 13y - Touched breasts and vagina - Inappropriate kissing - Isolated incidentsExcellent character - Genuine contrition
Assault and commit act of indecencyCommit act of indecency on person under 16y
7-8y female - Made C touch his penis while he touched her vagina on outside - On second occasion made C touch penisTrusted family friend - Acute depression
Lancaster(26)Touhy(22)(1991) 58 A Crim R 290
3y GBB$500 fineFT 6m
AA3y 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 penetratedHistory of toleration of behaviour in armed forces - Effect of imprisonment on army career
Assault with act of indecency
MT 3mAT 9m
Long standing friend of male C's family - C staying at farm - Touched C on bottom outside clothesAcquitted of 2 more serious offences - Could have been dealt with in LCtStrong character evidence
SS fraud - Breached bond for assault
32y sister in law - Placed hand in vicinity of vagina while C sleeping
Cottrell(73)NSW CCA 3.6.2002
Indecent assault on male
3y 6mNPP 2y 6m
Considerable record for similar offences
21 years ago - Fondled genitals of 12y foster son while boy in bathReceived substantial counselling and medical assistance
Silcock(67)NSW CCA 20.12.2004
5 x s.61E(1)
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 appealVery 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 9.6.2005
AA3y GBBCondition of bond deleted
Assaulted 3y female cousin by undressing her and ejaculatingDisturbed family background - Stringent bail conditions for 20 months - condition of bond requiring no unsupervised contact with children under 12y uncertain and deleted