Back to Top

Back to Sentencing Tables Index

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 - Old Offences

Name
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary

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

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.

Stammers
NSW CCA
4.3.1996

3 x s.76

VG

MT 2y
AT 8m

AD

1978-9: Assaulted 8-9y female - Friend of family - Offences committed while C staying at A's house - Rubbed vagina - Digital penetration

McD
NSW CCA
2.5.1996

4 x Assault female and commit act of indecency

VG

MT 2y
AT 2y

AD

1976-83: continually sexually abused 2 nieces (6-13y; 8-15y) while they stayed with him

Brown
NSW CCA
22.8.1996

2 x s.76

Sched:
3 x s.76

PG

MT 18m
AT 2y 6m

AA
MT 12m
AT 2y

nil relevant

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.

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

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 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

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 CCA
16.9.1998

5 x s.76



3 x s.76

PG



PG

MT 9m
AT 3m
12m GBB


MT 9m
AT 3m
12m GBB

AA
FT 5m 1d


FT 5m 1d

(immed release)

nil relevant



nil relevant

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 [227]
12.8.1999

11 x s.76

PG

MT 6y
AT 2y

AA
MT 4y
AT 18m

nil

1964-70: assaulted natural daughters aged 9-11y and 11y
1976-1977: assaulted 13y step daughter. Assaults involved touching and digital penetration.

Cocking
(25-6) / (68 at sentence)
NSW CCA [435]
14.2.2000

12 x s.76 & s.61E(1)

PG

MT 4y 6m
AT 2y 6m

AA
Fresh evidence of cancer
MT 3y 6m
AT 2y 6m

nil

(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

PG

MT 2y
AT 8m

AA
18m
NPP 13m 10d

nil

(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 [189]
14.5.2001

s.66 (indecent assault)

PG

12m GBB

AA
s.10(3) Crimes (Sentencing Procedure) Act - sentence quashed and charge dismissed

nil

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 [481]
21.11.2001

Carnal knowledge female 10-16y

PG

12m GBB

AA
s.10(3) Crimes (Sentencing Procedure) Act - sentence quashed and charge dismissed

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 [9]
11.2.2002

6 x s.76

PG

2y 7m
NPP 1y 7m

AD

nil

1960-64: Systematic course of conduct over extended period of time on daughters - Rubbed vaginal area with hand and penis - Daughters aged under 10y
Contrition

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

Humphries
NSW CCA [370]
19.10.2004

2 x s.76

Sched:
2 x s.76

PG

2y 6m
NPP 18m

AD

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 [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

AJB
(60)
NSW CCA [51]
5.3.2007

5 offences - s.76 and s.61E(1)

Sched:
4 offences

PG

4y
NPP 3y

AA
3y
NPP 18m

Nil

1979-1981 - sexually assaulted step daughter aged 6-10 years - rubbed penis against vagina - fondled vagina and breasts - aberration
Remorse - obtained counselling and did not re-offend

Nelson
(31 at offence - 67 at sentence)
NSW CCA [221]
25.7.2007

s.76

PG

14m
NPP 8m

AA
4m

Nil

1972 - Touched breasts and outside vagina of 16y female without consent - complainant in care of applicant and wife during holidays - gross breach of trust
Remorse

Bradbury
(80 at sentence)
NSW CCA [93]
23.5.2008

4 x s.76

PG

2y 6m
NPP 1y 9m

AA
2y
NPP 12m

Nil

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 13y
Hardship to wife - Ill health - delay - failed to apply sentencing patterns at time of offence

GRD
(35-39)
(64 at sentence)
NSW CCA [149]
22.5.2009

6 x s.76
3 x s.76A

PG

6y
NPP 3y

AA
4y
NPP 2y

Nil

1975-1980 - sexually abused step-daughter aged 9-13y - made victim touch penis - rubbed penis against genitals - cunnilingus - digital penetration - forced fellatio - voluntarily desisted
Remorse - unlikely to re-offend - delay - carer for 14y son

Back to Sentencing Tables Index