This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
4 x s.76
Crown AAShould have been custodial. Because of health:2y PD.
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.
3 x s.76
MT 2yAT 8m
1978-9: Assaulted 8-9y female - Friend of family - Offences committed while C staying at A's house - Rubbed vagina - Digital penetration
4 x Assault female and commit act of indecency
MT 2yAT 2y
1976-83: continually sexually abused 2 nieces (6-13y; 8-15y) while they stayed with him
2 x s.76Sched:3 x s.76
MT 18mAT 2y 6m
AAMT 12mAT 2y
1979-80: Digital penetration of vagina and licking genitals of daughter aged 8-10y. Intoxicated with alcohol or drugs.Admitted offences when first confronted. Reported to authorities in 1982 - no action taken until 1995 (major mitigating factor). Family counselling undertaken at the time. No evidence of on-going trauma for V.A remarried and in stable relationship. Clear remorse.
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
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 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
19-20y ago: All but one carnal knowledge on daughter. 'Very serious offences ... committed from time to time over a period of time'.Shame and remorse accepted. A was very young man with 'extremely unhappy and unfortunate background'. At sentence 'completely rehabilitated'. Good relationship with Victim and children.
MCP(43 at sentence)RCP(40 at sentence)NSW CCA16.9.1998
5 x s.76
MT 9mAT 3m12m GBB
MT 9mAT 3m12m GBB
AAFT 5m 1d
FT 5m 1d(immed release)
1975-6: Offences committed on young female cousin. All offences representative. RCP juvenile at time of some of the offences. Involved illicit touching, getting her to illicitly touch them and masturbation until ejaculation.Lived substantially trouble free lives, little likelihood of reoffending, and some delay since complaint.
Watson(65 at sentence)NSW CCA 12.8.1999
11 x s.76
MT 6yAT 2y
AAMT 4yAT 18m
1964-70: assaulted natural daughters aged 9-11y and 11y1976-1977: assaulted 13y step daughter. Assaults involved touching and digital penetration.
Cocking(25-6) / (68 at sentence)NSW CCA 14.2.2000
12 x s.76 & s.61E(1)
MT 4y 6mAT 2y 6m
AAFresh evidence of cancerMT 3y 6mAT 2y 6m
(1955-1984) 12 female complainants aged 5-12y from extended family. Representative counts. Breach of trust.
Moon(26-31)(2000) 117 A Crim R 497
4 x s.81
AA18mNPP 13m 10d
(1966-1971): indecently assaulted male neighbour aged 9-14y. Forced victim to masturbate A, and placed penis between buttocks of child on one occasion. Representative counts.Remorse - rehabilitated - no further offending - degree of ignorance of wrongness of actions - delay.
DJS(14)NSW CCA 14.5.2001
s.66 (indecent assault)
AAs.10(3) Crimes (Sentencing Procedure) Act - sentence quashed and charge dismissed
20 years ago: touched 8y old sister on vagina - child experimenting in sexual activity.Young man with own family - no criminal antecedents.
Schlenert(14-5)NSW CCA 21.11.2001
Carnal knowledge female 10-16y
18 years ago: Had sexual intercourse with C (aged 12-13y)Apologised to victim shortly after offence - Excellent character - Genuine contrition
JFR(62 at sentence))NSW CCA 11.2.2002
6 x s.76
2y 7mNPP 1y 7m
1960-64: Systematic course of conduct over extended period of time on daughters - Rubbed vaginal area with hand and penis - Daughters aged under 10yContrition
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
HumphriesNSW CCA 19.10.2004
2 x s.76Sched:2 x s.76
2y 6mNPP 18m
Father sexually abused daughter over several years - Offences occurred over twenty years ago - Masturbated V - Rubbed penis on bask - Part of series of assaults
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
AJB(60)NSW CCA 5.3.2007
5 offences - s.76 and s.61E(1)Sched:4 offences
1979-1981 - sexually assaulted step daughter aged 6-10 years - rubbed penis against vagina - fondled vagina and breasts - aberrationRemorse - obtained counselling and did not re-offend
Nelson(31 at offence - 67 at sentence)NSW CCA 25.7.2007
1972 - Touched breasts and outside vagina of 16y female without consent - complainant in care of applicant and wife during holidays - gross breach of trustRemorse
Bradbury(80 at sentence)NSW CCA 23.5.2008
2y 6mNPP 1y 9m
1970-1975 - sexually assaulted youngest daughter aged 8-12y - touched vagina during bath - forc4ed complainant to rub penis and testicles - touched vagina while wrestling - cunnilingus - voluntarily desisted when complainant turned 13yHardship to wife - Ill health - delay - failed to apply sentencing patterns at time of offence
GRD(35-39)(64 at sentence)NSW CCA 22.5.2009
6 x s.763 x s.76A
1975-1980 - sexually abused step-daughter aged 9-13y - made victim touch penis - rubbed penis against genitals - cunnilingus - digital penetration - forced fellatio - voluntarily desistedRemorse - unlikely to re-offend - delay - carer for 14y son