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 - Sexual Assault - Aggravated - s.61J

Name
Offence
Plea
Sentence
Appeal
Record
Involvement & Summary

Scales

NSWCCA
4.8.1992

2 x s.61J

s.66C

2 x s.61E(1A)

s.61M

​PGMT 6y

AT 2y

(other sentences concurrent)

​AA

MT 3y 6m
AT 2y

​Foster parents to three young children they knew had been sexually abused previously – abuse by offender committed against youngest girl aged 10y over seven months – included digital penetration
McClear

(35)

NSWCCA
1.9.1992

​s.61J​PGMT 6y

AT 2y

​AD​Lengthy record – no sexual offencesSexual assault on 14y female by three men – Victim visiting offenders - Offender forced intercourse while co-offender holding victim down – forced fellatio – subjected to vaginal and oral intercourse simultaneously by co-offenders then anal intercourse by offender while co-offenders continued vaginal intercourse – principal offender

Assistance against co-offenders – fear for safety – assisted in care for crippled father

Careless
NSW CCA
16.9.1993

s.61J

PG

MT 8y
AT 2y 8m

AD

On bail and bond. Prior sex but not as serious

Penile / vaginal. Complainant deaf and dumb. Grabbed as walked from pub to park, dragged into bushes, punched about the body and face, severe injuries to the face, including broken jaw. Arrested during attack

Ramey
NSW CCA
26.11.1993

s.61J
(inflict abh)

VG

MT 5y 3m
AT 1y 9m

AD

Penile / vaginal. Met complainant at nightclub. Drove her home, stopping three times to make aggressive passes. At home intercourse against will, slapped face when she protested. Swelling and bruising to jaw throat and hand.
Minor basketball player from USA

Lewis
NSW CCA
14.12.1993

s.61J
(inflict abh)

PG

MT 6y
AT 2y

AD

repeat minor

Penile / vaginal. Complainant attacked as walking through the park - suffered ABH and left in dire circumstances

MacKenzie
(18)
NSW CCA
15.12.1993

s.61J

PG

MT 5y 6m
AT 3y

AD

nil

Cleaner in complainant's workplace attacked her when working back
Powerful subjective case

Barden
(19)
NSW CCA
7.3.1994

2 x s.61J
(inflict abh)

PG

MT 3y
AT 1y

AD

nil

When escorting Complainant to a friend's house struck her with a beer can knocking her to the ground, then punched her a number of times. Massive bruising to the face. Penile / vaginal, digital.

Gerges
NSW CCA
8.3.1994

s.61J
s.61L

VG

MT 2y 6m
AT 10m
(concurrent sentence for indecent ass)

AD

Picked up 15y Complainant hitchhiking. Drove car to dark place and forced fingers into vagina. Also touched breasts. Did not stop Complainant leaving car.

Moore
(40)
NSW CCA
12.4.1994

s.61M(1)
Att s.61J
s.61J

Sched:
4 similar off

PG

FT 2y
FT 8y
MT 9y
AT 3y
(concurrent)

AA
FT 2y
FT 4y
MT 6y
AT 3y
(concurrent)

Breached recog for indecent assault on same complainant

Undressed 13y step daughter and attempted to insert penis in vagina - ejaculated on leg - inserted little finger in vagina for 15m on separate occasion - part of ongoing conduct

Day
(20)
NSW CCA
21.7.1994

2 x s.61J
(in company)

VG

MT 4y
AT 15m

AD

nil

Offered Complainant a lift home with co-A. Complainant punched

Baker
(21)
NSW CCA
2.8.1994

2 x s.61J

PG

MT 7y 6m
AT 2y 6m

AD

long

Gave Complainant lift home from party. Forced Complainant into bushes with knife. Oral, digital and penile intercourse. Punched Complainant in face.

Roberts
(27)
NSW CCA
8.8.1994

5 x s.61J
4 x indecent ass

VG

MT 11y
AT 2y
(concurrent sentences for indecent ass)

AA
MT 10y
AT 3y

Prior convictions for serious sexual assaults

Penile / vaginal, oral and anal. Used knife. Attack started when 39y complainant arrived home, forced at knife point into house where sexually assaulted for hour and a half. Urinated and left naked and bound.

Burns
(24)
NSW CCA
21.9.1994

6 x s.61J

PG

MT 9y
AT 3y

AD

long
on recog for sex

Entered Complainant's house through fly screen. Struck sleeping Complainant on head. Complainant feigned unconsciousness, and subjected to episodes of penile / vaginal and oral intercourse.

Berrigan
(38)
NSW CCA
7.10.1994

2 x s.61J

VG

MT 5y
AT 3y

AD

Met Complainant in bar. Drove Complainant in van (voluntarily) to car park. Ordered her into the back of the van and to remove her clothes. Using condom had penile intercourse. Later placed tongue in vagina. Placed hand on throat causing difficulty breathing. Punched in eye, and forced to masturbate herself. Took photographs, and put fingers and material down her throat.

Gebrail
NSW CCA
18.11.1994

s.61J

VG

MT 10m
AT 5m

Crown AA
MT 2y 3m
AT 9m

record, but nothing significant

17y Complainant went to A's place to watch video. When she tried to leave he forced her to bedroom, sat on her on bed. Placed pillow over face and punched it four times. Threatened her and placed two fingers inside vagina.

B Singh
(28)

P Singh
(24)
NSW CCA
16.12.1994

6 x s.61J


4 x s.61J

VG


VG

MT 4y 6m
AT 1y 6m

MT 4y 6m
AT 1y 6m

Crown AD

nil

C had had previous sexual relationship with BS. Intercourse included digital, penile and oral. Pre-meditated and well-planned. C suffered broken arm. Offences videotaped.

Hewitt
NSW CCA
4.4.1995

s.61J
AOABH

VG

MT 4y 6m
AT 1y 6m
(concurrent sentence for assault)

AD

appalling

Spending night at V's house on lounge. Came into V's room, assaulted and sexually assaulted her.
Fresh evidence of assistance on appeal.

Brennan
(36)
NSW CCA
29.5.1995

10 x s.61J
3 x s.61L

VG

MT 3y 6m
AT 2y 6m
(concurrent sentences for indecent ass)

Crown AA
MT 5y
AT 2y

priors: BES, assault and LMV. No sex or gaol.

Broke into C's flat carrying butcher's knife. Multiple sexual assaults over several hours. Assaulted and cut with knife.

Kenworthy
(44)
NSW CCA
3.8.1995

s.61J
(inflict abh)

VG

MT 3y
AT 1y

AD

violence

Drove C home from function. C refused request for kiss and tried to escape. Dragged back to car, undressed and sexually assaulted. Penile / vaginal intercourse.

Sansom
(52)
NSW CCA
28.8.1995

2 x s.61J

VG

MT 9y
AT 3y

AD

Lengthy including violence

Assaulted 40y old acquaintance in home while children sleeping. Threats to kill C and children. Inflicted bodily harm by knife around neck.

Carroll
NSW CCA
26.9.1995

s.61J
s.61I

VG
PG

FT 8y
MT 4y
AT 2y
(cumulative)

MT 12y
AT 2y

AA
Total:
MT 10y
AT 4y

minor
committed second count while on bail for first count

Sexual assault of acquaintance from hotel. Hit C about head and threatened to kill. Second count involved sexual assault of C in own home.

Bus
(20)

AS
(17)

NSW CCA
3.11.1995

s.61M
2 x s. 61J

s.61M
2 x s. 61J

VG


VG

MT 4y
AT 2y

MT 2y 6m
AT 2y

(concurrent sentences for indecent ass)

AD


AD

Minor - Breached PD and recog

Nil

Together sexually assaulted 17y C after party. C tied up. Both fondled breasts, digitally penetrated C and made her fellate them
B - dominant role - borderline mentally deficient.

Rivera
(21)
NSW CCA
19.2.1996

2 x s.61J

PG

MT 6y
AT 3y

AD

on bond for stalking and sexually assaulting another woman

Raped C twice after following her as she was walking home.
Suffered brain damage in car accident and became sexually aggressive and dangerous when drunk.

RSS
NSW CCA
27.2.1996

s.61J

VG

MT 2y
AT 8m

AD

Digital penetration of 10y C staying at friend's house. C fell asleep on double bed and awoke to find A's finger in vagina.

Agafili
NSW CCA
1.5.1996

s.61J

Sched
s.61J
s.90A

PG

MT 3y
AT 2y

Crown AA
MT 6y
AT 2y

nil

C picked up by two men outside nightclub. Detained in car 6hrs. Assault and threat to kill. Taken to isolated spot and sexually assaulted. Anal and penile / vaginal assault while hand around C's throat.

Smith
NSW CCA
27.5.1996

s.61J

VG

MT 4y
AT 2y

AA
MT 3y
AT 1y

Threatened 63y C with carving knife. Digital penetration.

Russell
(24)
NSW CCA
21.6.1996

s.61J
Attempt s.61J

PG

MT 4y
AT 2y

Crown AA
MT 5y 6m
AT 2y 6m

extensive although no sex
on parole

Forced entry into home of young female living alone. Assaulted and threatened her. Made multiple attempts to penetrate anally and vaginally, finally succeeding in the former. In response to resistance choked C so hard she could not breathe.
Aboriginal

Mills
(47)
NSW CCA
27.6.1996

2 x 61M(1)
3 x s.61J

PG

FT 1y
MT 2y 9m
AT 1y 3m

Total:
MT 3y 9m
AT 1y 3m

AD

similar offences

11y twin brothers, met through go-kart business. Played with penis and performed fellatio. Not an isolated instance.

Pratt
NSW CCA
26.7.1996

s.61J
(inflict abh)

VG

MT 4y 6m
AT 18m

AD

Insignificant

Bus driver bashed C's head against bus floor before sexual assault.

Falls
NSW CCA
21.8.1996

s.61J
2 x BES

PG

MT 4y
AT 2y 6m
(concurrent sentence for BES)

Crown AA
MT 6y
AT 3y

recog

Followed 12y C through paddock and tackled her from behind. Penetrated her by unknown means, ejaculating in crotch area. Threatened her with bike chain. C's mother moved from isolated house, and broke into the house twice, stealing valuable goods.

Swan
NSW CCA
22.8.1996

s.61J
(in company)

VG

MT 4y
AT 2y

AA
MT 3y
AT 1y 6m

Criminal record

Female sexually assaulted by four offenders - Parity

H
NSW CCA
23.8.1996

s.61J
(threaten inflict abh)

VG

MT 2y 6m
AT 2y

Crown AA
MT 4y
AT 2y

prior assault on wife
wife had applied for AVO

Cut telephone wires at estranged wife's house and broke in. Penile and digital intercourse. Pre-meditated.

Miller
(35)
NSW CCA
25.3.1997

6 x s.61J

PG

MT 7y 6m
AT 3y 6m

AD

sexual priors on young persons, although no violence

16y C walking alone along canal 2pm. Dragged into bushes and demanded money. Assaulted, stripped, and jumper tied around eyes. Multiple sexual acts, including fellatio.
Pleaded guilty on second day of second trial.

Monks
(28)
NSW CCA
5.8.1997

5 x s.61J
5 x s.61M(1)

VG

MT 9y
AT 3y
(2y concurrent sentence for indecent ass)

AD

long, although not serious

C disabled with cerebral palsy. Visited co-A for weekend. Co-A arranged for A to visit. C sexually assaulted over period of hours. SJ regarded this as 'worst case'.

Brarti
NSW CCA
28.10.1997

s.61J
(inflict abh)

VG

MT 3y
AT 1y

Conviction AD

offence breached AVO

Seriously assaulted ex-wife. Scratched C on labia minora.

Currie
NSW CCA
31.10.1997

8 x s.61J

VG

MT 4y
AT 3y

AD

Prior record

Entered flat of 19y female - threatened with knife - 5 x vaginal intercourse, 1 x digital penetration of anus and 2 x oral intercourse
Aboriginal with deprived background

Ryan
NSW CCA
3.11.1997

s.61J
(inflict abh)

VG

MT 4y
AT 2y

Conviction AD

Convicted of vaginal intercourse, acquitted of fellatio. Grabbed C in carp ark of nightclub as she approached sister's car. Grazes to elbows.

Truong
NSW CCA
8.12.1997

s.61J
(in company)

VG

MT 18m
AT 2y

Crown AA
MT 2y 6m
AT 2y

nil

Gave C lift home from nightclub. C consented to kissing, but resisted intercourse. Bitten on mouth. Penile / vaginal intercourse followed. Co-A attempted intercourse.

Dawson
NSW CCA
19.5.1998

AOABH
s.61J
s.61I

VG

MT 5y
AT 1y 8m
(concurrent sentences for other offences)

AD

no violence

Previously had sexual relationship with C. C lived alone with 12y son. Awoke one night to be told she would be bashed and raped. Two acts of sexual intercourse and one assault over period of time.

Chmielowiec
(56)
NSW CCA
21.7.1998

s.61J
2 x s.61O(2)

PG

MT 4y 6m
AT 1y 6m
(2y concurrent sentence for indecent ass)

AD

nil

9y wife's granddaughter residing in their home. Made C masturbate him in his car, and fellate him. Offences representative of a number of incidents.

Cochrane
NSW CCA
7.10.1998

s.61J
(use of knife / punching C)

VG

MT 4y 6m
AT 18m

AD

Taxi driver took C to deserted area and unsuccessfully tried to push penis into mouth. Punched C. Cut C's pants with knife and forced vaginal intercourse. Held knife at throat.

Guirgis
(31)
NSW CCA
12.10.1998

s.61J
(inflict abh)

VG

MT 1y 4m
AT 2y

AD

nil

Picked up prostitute and forced her to have oral sex without condom

Wilson
(33)
NSW CCA
20.11.1998

s.61J

VG

MT 6y
AT 2y

AD

appalling record
offence occurred in gaol

Sexual assault on fellow inmate. Entered room with another inmate and punched C in stomach. Forced anal intercourse. C punched and kicked by two other inmates.

CAA
(32)
NSW CCA
4.12.1998

2 x s.61J

Sched:
Possess unauth firearm

PG

MT 3y
AT 2y 6m

AA
MT 12m
AT 12m

offensive language

Digitally penetrated 14y female twice - In loco parentis - No threats - Immediately acknowledged misconduct when confronted

Rushby
(18)
NSW CCA [104]
24.5.1999

s.61J

Sched:
Take and drive conveyance
Unlic driving

PG

MT 5y
AT 3y

AD

driving, resist arrest, possess implements

Stole car with co-offender and 13y C - car driven until broke down in remote place - C dragged into bush land, ordered to remove clothes and threatened with piece of wood - co-offender had penile intercourse - A had anal intercourse - Tore clothes and left C tied to tree.
[Co-offender aged 16 years]. Pleaded guilty at earliest opportunity. Assisted authorities against co-offender. Imprisonment to be served in protective custody.

Crowe
NSW CCA [239]
30.6.1999

s.61M(1)
s.61J

VG

FT 2y 6m
MT 8y 9m
AT 2y 3m
(partially cum)

Total:
MT 9y
AT 2y 3m

AA
MT 6y 6m
AT 2y 3m
(2y concur sentence for indecent ass)

similar priors against same victim - breach of recog

No factual details - Breach of familial trust
Recidivist paedophile

SPM
(34)
NSW CCA [338]
20.10.1999

4 x s.61J
(mal inflict abh)

VG

MT 18m
AT 3y

Crown AA
MT 2y 3m
AT 2y 3m

Records for assaults although not serious.
Offence reached AVO.

Aboriginal male sexually assaulted wife. Penile intercourse, inserted metal bottle into vagina, then inserted boondi stick into vagina and anus.
Marriage dysfunctional.

Taumaialo
(20)
NSW CCA [14]
18.2.2000

2 x s.61J

VG

MT 5y
AT 3y

AD

on parole for rob in company

While waiting at home with 14y female for lift to church forced sexual intercourse. Next day C returned with A to his house where he forced her to engage in fellatio. C returned under threat.

BMT
(48)
NSW CCA [112]
15.3.2000

s.61J

Sched:
Mal damage

PG

MT 9y
AT 3y

AD
Subsequent acquittal of matter on record does not effect sentence

long record, including sexual offences - on parole at time of offence

Permitted entry into house of ex-cell mate's de facto. Using carving knife subjected C to series of degrading and violent sexual acts over three and a half hours, forcing variety of sexual intercourse. 3y son present during much of assault. After C escaped refused police entry and damaged robot.

Paul
(49)
NSW CCA [117]
17.3.2000

s.61J (attempt)

PG

MT 7y 6m
AT 2y 6m

AD

property, violence, driving - on parole

Attacked 13y walking along footpath - Punched her, demanded money then attempted to have sexual intercourse.
Chronically dysfunctional - Dangerous - Drug addiction

Maher
NSW CCA [147]
12.4.2000

s.61I
s.61J

PG

FT 3y
MT 5y
AT 3y
(cumulative)

Total:
MT 8y
AT 3y

AD

On bail for first offence when committed second.

Broke into C1's caravan and forced penile intercourse. Three months later broke into C2's caravan, assaulted her twice and forced penile intercourse.

Thomas
(38)
NSW CCA [265]
12.7.2000

s.61J
s.61L
s.61

VG

MT 5y 3m
AT 1y 9m
(concurrent sentences for assaults)

AD

serving AR - priors for violence and sexual offences

Sexually assaulted 20y prisoner in gaol cell

Kay
(45)
NSW SC [716]
(Hulme J)
26.7.2000

(2002) 132 A Crim R 72 (NSW CCA)

4 x s.61J
(threat to inflict abh)

Sched:
2 x s.61J
2 x s.61K

PG

20y
NPP 15y

AD

minor sexual offences

Assaults committed on 8 complainants over 12 month period late at night. C threatened with knife and subjected to digital or penile penetration. Offences premeditated and planned. Observed by police stalking other women. No significant physical injuries inflicted.
Significant risk of re-offending.

Smith
(27)
NSW CCA [343]
29.8.2000

s.61J

PG

3y 6m
NPP 20m

Crown AA
4y 6m
NPP 2y 3m

criminal record but not for sexual offences of this kind

Forced 11y cousin to engage in intercourse causing pregnancy. Took advantage of family context.
Remorse - suffering schizo-effective disorder.

Rich
(34)
NSW CCA [448]
25.10.2000

s.61J

VG

MT 2y 9m
AT 2y

Crown AD

minor

Assaulted 13y male relation while asleep - Sharing bedroom -forced anal intercourse.
Sexually abused as a teenager. Retrial. Protection.

Quinn
(35)
NSW CCA [446]
27.10.2000

s.61J
(under 16y)

VG

MT 9y
AT 2y

AA
9y
NPP 7y

on parole for sexual offence - violence, sexual, property and drug offences

Followed 15y female into public toilets at train station, threatened and digitally penetrated her. Limited display of violence.

Smith
NSW CCA [468]
20.11.2000

s.61J

VG

MT 2y 6m
AT 2y 6m

Conviction AD

Went to toilet block with acquaintance and started to kiss. Unexpectedly punched C in face and continued assault as C tried to get up. Placed finger inside vagina.

JCE
(42)
(2000) 120 A Crim R 18

2 x s.61J
(under 16y)

PG

2y
NPP 15m
wholly suspended

Crown AD

Sexually assaulted daughter on two occasions. Inserted finger in vagina, and licked vaginal area.
Suspended from Pre-trial Diversion Scheme for unsatisfactory progress and breaches of undertaking. Had made some efforts at program and was remorseful.

Walsh
(35)
NSW CCA [109]
22.2.2001

s.61J
AOABH

VG

5y
NPP 2y 6m
(6m concurrent sentence for assaults)

Conviction AD

nil

Forced penile intercourse upon estranged girlfriend. During argument in car after intercourse girlfriend struck appellant with bag and he grabbed her by neck and punched her several times.

Pakistan
NSW CCA [29]
28.2.2001

s.61J
s.61I

G (during trial)

MT 21m
AT 3y 3m

AD

Stayed at C's house - Violent struggle ensued after she refused intercourse - C pretended to be dead and offender had penile-vaginal intercourse twice

Baker
(48)
NSW CCA [96]
23.3.2001

s.61J

PG

MT 12y
AT 4y

AD

extremely bad record for sexual assaults

Anally raped a prostitute after threatening her with a knife, tying up her hands and gagging her.

Dawson (No.2)
(40)
NSW CCA [186]
17.5.2001

2 x s.61J

VG

MT 4y
AT 2y

AD

Forced ex-wife to have oral and vaginal sex using knife.
Evidence of good character.

RAP
(23)
NSW CCA [471]
6.9.2001

s.61J(1)

VG

9y
NPP 5y 6m

AA
8y
NPP 5y

prior convictions for property, driving and violence offences

Sexually assaulted C while out riding on motorbike - Injuries to back, thighs, genital and anal area.
Protective custody - Unhappy childhood - Sexually assaulted over 2 years

BEG
(54)
NSW CCA [341]
7.9.2001

2 x s.61J
(under 16y and under authority)

PG

5y
NPP 3y

AA
5y
NPP 2y 3m

Old convictions

Sexually assaulted 10y step-daughter and friend
Severe back pain proving unmanageable in custody - sentence reduced to take into account fact that medical condition worse than appreciated at time sentence imposed.

Andrews
(28)
NSW CCA [428]
12.10.2001

s.61J
(threaten abh)
AOABH

Sched:
3 x Deemed supply

PG

6y
NPP 4y 6m

AD

drug, driving, property and violent offences

Had argument with de facto wife over drug dealing - Punched C to face four times - Pulled down pants and demanded fellatio or he would slit her throat

MBB
(16)
NSW CCA [354]
12.10.2001

s.61J
s.61M(1)

PG

4y 9m
NPP 2y 3m
(2y concurrent sentence for indecent ass)

AD

nil

Forced 14y schoolgirl into toilets at public park using knife - indecently assaulted her and forced penis into mouth for short time.
Unstable family life - Rehabilitation.

Smith
(27)
NSW CCA [475]
21.11.2001

s.61J
(inflict abh)
s.61I

VG

7y
NPP 5y 9m
(4y concurrent sentence for s.61I)

AD

history related to alcohol abuse

Forced female acquaintance to have oral and anal intercourse - Punched her in face - C of limited intellect.
Married with 3 young children - alcoholic at early age - some evidence of rehabilitation

Galli
NSW CCA [504]
12.12.2001

s.61J
(serious disability and under care)

VG

7y
NPP 5y 3m

AD

Complainant 26y resident of a group home, with serious intellectual disability and under case of A. C cannot speak or make signs to communicate in any way. Offence discovered when C became pregnant.

AEM
(19)


 

 


KEM
(16)

 


MM
(16)

NSW CCA [58]
13.3.2002

2 x s.61J
Sched:
S.61J

 

 


2 x s.61J
Sched:
4 s.61J

 


2 x s.61J
Sched:
2 x s.61J

PG


 

 


PG


 


PG

6y
NPP 4y

 

 


5y 7m
NPP 3y 6m

 


6y
NPP 4y

Crown AA
13y
NPP 9y

 

 


14y
NPP 10y

 


13y
NPP 10y

traffic, property and dishonesty offences - no violence - 2 recog

not stated


 


no similar offences - illegal use of motor vehicle

Two 16y females offered lift by respondents late at night - taken to house, separated and subjected to four hours of degrading sexual assaults - physical violence, threatened with knife and death threats

AEM - adversely affected by father's death - Substance abuse

KEM - affected by father's death - difficult schooling

MM - cousin to co-offenders - difficult childhood after father left

ICC
[44-8]
NSW CCA [119]
28.3.2002

2 x s.61J (person in authority)
s.61M(1)

Sched:
12 related off

PG

4y 6m
NPP 3y 4m 13d
(3y concurrent sentence for indecent assault)

AD

nil

Sexually abused teenage daughter over 4 year period
Remorse and contrition - Protective custody - Breakdown of marriage - Willingness to seek counselling - Suicide risk

KJW
(32)
NSW CCA [107]
28.3.2002

2 x Agg indecent ass
s.61J
(under 16 and under authority)

PG

FT 2y
4y
NPP 2y
(partially cumulative)

Total:
4y 9m
NPP 2y 9m

AD

Nil

Came into stepdaughter's bedroom at night on two occasions and rubbed her arm along penis - Received treatment for behaviour and returned to family unit - Sucked penis of stepson several years later.
Receiving treatment - Prospects of rehabilitation reasonable - Protective custody

Button


Griffen

(2002) 129 A Crim R 242

2 x s.61J
(in company)

VG

7y
NPP 4y


6y
NPP 3y

Convictions AD

Part of group of 5 men who sexually assaulted female who accepted lift after party - B thrust penis in C's mouth while she was being held and later had sexual intercourse with her - G took C away and made her suck his penis and had vaginal intercourse

SMR
(17)
NSW CCA [258]
1.7.2002

s.61N(2)
s.61L
2 x att s.61J
s.61J
(threaten to inflict abh)

VG

8y
NPP 4y
(concurrent sentences imposed for indecent ass)

Conviction AD

Broke into home of 82y female and sexually assaulted her - Threatened C with knife -

Marshall
(36)
NSW CCA [311]
1.8.2002

s.61J(1)
(under 16y)
2 x breach bond [agg indecent assault]

Sched:
4 x offences involving minors

PG

6y 6m
NPP 4y 9m
(concurrent sentences for bonds)

AD

child sexual offences

Plied young male victim with alcohol - assaulted C in applicant's home

Fong
(27)
NSW CCA [320]
9.8.2002

s.61J
(inflict ABH)

PG

5y
NPP 3y

Crown AA
13y
NPP 8y 6m

nil

Took 6y step daughter and tied her to bed head - Gagged - Forced penile/vaginal intercourse while C screaming - Caused major injury to vagina
Fijian - Protection - Remorse

NAL
NSW CCA [346]
14.8.2002

s.61J
(under 16y)

VG

3y 3m
NPP 2y

AD

Digital penetration in 13y stepdaughter.
No further details.

Musso
(37)
NSW CCA [487]
5.12.2002

3 x s.61J
(under 16y)
s.61N
s.61M

VG

4y 6m
NPP 2y 6m
(concurrent sentences for indecent ass)

Crown AA
5y
NPP 3y

nil

Stepfather of 14y complainant - Anal intercourse on two occasions and fellatio.
Stable and supportive family. Suffering from spina bifida. Need for medical treatment in custody. Protective custody. Prior good character and reputation as caring father.
Sentence manifestly inadequate.

Gorman
NSW CCA [516]
2.12.2002

s.61J
s.61I x 2

PG

6y
NPP 3y
(5y concurrent sentences for s.61I)

Crown AA
8y
NPP 5y

Lured 16y old female to isolated area - Handcuffed wrists - Threatened with knife - Fellatio and penile-vaginal intercourse.
Low intelligence.
Sentence manifestly inadequate.

Dennis
(36)
NSW CCA [137]
13.5.2003

s.61J

PG

12y
NPP 9y

AA
10y
NPP 7y 6m

Lengthy record although not as serious

Broke into home of 15y C and waited in bedroom - Threatened C with knife and forced vaginal intercourse - C a virgin
Aboriginal with early drug and alcohol abuse

Szabo
(50s)
NSW CCA [341]
11.11.2003

s.61J

VG

4y
NPP 8m

Crown AD
(sentence inadequate but appeal dismissed in exercise of discretion)

Nil

Attacked estranged wife in bedroom and forced cucumber into vagina twice - Vicious and violent attack
Appalling health

McCann
NSW CCA [48]
3.2.2004

s.61J x 4
s.61L Indecent. assault

PG

Total:
8y
NPP 4y 9m

AD

Not stated

V, an overseas student, renting room in appellant's apartment - While appellant and V were watching television, appellant repeatedly asked V to take off her clothes - V refused - Appellant told V she would have to move out that night if she did not comply with his requests - V went to her room to pack her bag - Appellant punched V a number of times and committed oral, digital and vaginal intercourse.

JLC-H
(16)
NSW CCA [70]
22.3.2004

s.61J

Schedule:
2 x Sexual intercourse w/o consent

PG

10y
NPP 7y

AA - following any further submissions sentence to be determined.

Breach AVO, Mal damage. No previous custody.

Victim had consensual sexual intercourse with A and another man - A attempted anal intercourse but V refused - V left room and A followed - Assaulted V, committing anal intercourse and putting fist inside V's vagina - V suffered traumatic injuries and pain.

Comert
NSW CCA [125]
6.5.2004

s.61J
(mal inflict abh)

VG

8y
NPP 6y

AA
6y
NPP 4y 6m

Violent assault on wife in matrimonial home culminating in forced intercourse
Error in find offence aggravated because took place at home

Slack
NSW CCA [128]
7.5.2004

2 x s.61J
(victim under 16y)

VG

5y
NPP 3y

AA
3y
NPP 18m

Nil

11-12y female assaulted by father of friend - Stayed at appellant's house - Appellant placed fingers in or around vagina on two occasions while complainant in bed - breach of trust
Good character - protective custody - volunteer firefighter

Hopkins
NSW CCA [104]
10.5.2004

s.61J
(mal inflict abh)

2y
NPP 6m

Crown AD

Nil significant

Prolonged and bizarre assault on girlfriend included forcing cigar deep into vagina and taking sexually explicit photos
Suffering manic episode stage of bipolar disorder - Unprecedented behaviour - Unlikely to re-offend if take medication

Diaz
(25)
NSW CCA [251]
26.7.2004

s.61J
(in company)

VG

8y
NPP 6y

AD

Unfavourable record

In company with co-offender had intercourse with 15y intoxicated complainant at Darling Harbour
Low intelligence - difficult background in El Salvador

Haines
(24)
NSW CCA [295]
30.8.2004

s.61J
(inflict abh)

PG

6y
NPP 4y

AD

Criminal record - violence but no sexual assault - released from prison one week before offence

Sexually assaulted female friend at night in street - Assault caused unconsciousness - threatened nearby resident
Long history of drug and alcohol abuse - suffering schizophrenia and frontal lobe damage - not given medication on release from custody - combination of mental illness and alcohol and drug injection reduced culpability

Wilkinson

(57)
NSW CCA [468]
20.12.2004

s.61J

Sched:
2 x s.61J

PG

18y
NPP 13y 6m

AA
12y
NPP 9y

Numerous similar priors over 35y - had already served approx 15y for various offences

3 x penile-vaginal penetration w intellectually disabled 13-14 y o V (mental age of 8-9), who became pregnant as a result - pregnancy terminated - A had previous relationship w V's mother - A admitted to further acts of SI w V - error in applying standard NPP - insufficient weight given to PG - protective custody
institutionalised as a child - 'uncontrollable'child - suicide attempt - very poor health, heart problems

AD
NSW CCA [208]
9.6.2005

s 61J

Sched:
s 61M

PG

2y 6m
NPP 1y 9m

AD

Nil

A and V both 15 y o and in relationship - in presence of 22 y o M (A's cousin), A fondled V and inserted finger in her vagina against her wishes - M exposed himself to her and offered her $100 to have sex with him, which she refused - A agreed to give evidence against M - standard NPP not applicable - special circs - De Simoni not infringed by taking fact of being in company into account - no error in dealing with matter at law - 40% discount
High risk of re-offending - low opinion of non-Muslim women - low IQ - poor impulse control.

Gill
(52)
NSW CCA [308]
29.8.2005

s.61J

Sched:
s.61J
Agg ind ass

PG

4y
NPP 2y 6m

AD

Sexually assaulted 16y daughter with mental problems - Only just re-entered daughter's life - Penile-digital penetration
Mental condition and long term alcohol addiction

RTGS
NSWCCA [293]
12.9.2005

S61J

VG

3y
NPP 18m

Conviction AD

Babysitting 11y step-niece by marriage - digitally penetrated vagina for about 15min - conviction appeal only
Good character

Baker
(67 at sentence)
NSW CCA [135]
16.5.2006

s.61J

VG

6y 6m
NPP 4y

AD

Lengthy - predominantly dishonesty offences

Sexually assaulted female acquaintance in her home - inflicted actual bodily harm
Ill health - very elderly mother - delay caused by failure to appear

Thorne
(36)
NSW CCA [10]
7.2.2007

s.61J
2 x s.61I

VG

13y 4m
NPP 10y

AA
11y
NPP 7y 6m

Dishonesty and sexual assault

Offence committed after 1.2.2003
Sexually assaulted estranged wife - punched and hit her to head - forced penile / vaginal and anal intercourse - chased complainant from house - threats to kill - attempted suicide - impulsive offence - intoxicated and depressed - below mid range

Musgrove
(34)
(2007) 167 A Crim R 424

s.61J

PG

10y 6m
NPP 8y

AD

Incite person <16 commit act indecency

Offence committed after 1.2.2003
Sexually assaulted female stranger on secluded beach - threatened with knife.

BWS
(50)
NSW CCA 59
9.3.2007

2 x s.61J
AOABH

VG

Total:
10y
NPP 6y

Crown AA
Total:
10y 6m
NPP 7y 6m

Offence committed after 1.2.2003
Sexual assaults upon 16y niece - offences part of wider conduct.
Sentences made cumulative.

Marlin
NSW CCA 222
20.3.2007

s.61J

PG

5y
NPP 3y

AD

Facts not stated.
Special circumstances. Ill-health, age, depression.

Topcu
(28)

 


 



Papadopoulos

NSW CCA [274]
12.9.2007

Co-offender:
EKEN
(serious sexual assault table)

s.61J



 

 



2 x s.61J

VG



 

 



VG

10y
NPP 7y
(imposed for s.61JA)

 

 


7y 7m
NPP 5y 9m

Conviction AA: s.61JA replaced by s.61J
3y 6m
NPP 2y 3m

 


4y
NPP 2y 9m

Priors and breached conditional liberty - not regarded as serious in circumstances of case

Nil

Offence committed after 1.2.2003
T forced female friend to perform fellatio at request of co-offender E - acting under an element of duress from aggressive and violent conduct of E - P forced fellatio and vaginal intercourse under similar duress - offences well below mid-range - both offenders could have done more to prevent offences
T - remorse - protective custody - psychological problems
P - prior good character

Rylands
(55)
NSW CCA [106]
23.5.2008

s.61J

VG

6y
NPP 4y

AD

Nil

Offence committed after 1.2.2003
V (13 year old girl) friendly with A's daughter - invited to sleepover party at A's house - A gave V alcohol - offered to massage V - touched V on groin area and performed cunnilingus - V in shock and protested.
Spontaneous offence - assessed as below middle range of objective seriousness but aggravated by breach of trust which V and her mother had in A.
Good character - upstanding member of community.

CM
(15)
NSW CCA [195]
19.8.2008

s.61J

PG

10y 6m
NPP 6y 6m

AD

Dishonesty, drugs, assault police. On bond.

Acquainted with 26 year old female victim - Went to unit together - Bashed victim over head and body with piece of wood - Forced sexual intercourse upon victim - Detained victim for some time during which subjected victim to further taunts and assaults.
Close to worst category of offence.
Troubled background.

Carlton
NSW CCA [244]
16.10.2008

4 x s.61J

VG

13y 4m
NPP 8y 6m

AD

Offence committed after 1.2.2003
Sexual assault on 10y girl in unit - anal penetration with finger, penis and vibrator - penetration of genitalia
Mental illness - segregation

Ocek
(31)
NSW CCA [42]
26.2.2009

2 x s.61J

VG

8y 6m
NPP 6y 6m

AD

Record

Commenced consensual intercourse with acquaintance in boarding house room - forced attempted anal intercourse - threatened to cut throat - head butted and punched Victim's face - Forced penis into mouth - detained V in room for some time
Under influence of alcohol, cannabis and prescription drugs

Glover
(18)
NSW CCA [48]
27.2.2009

s.61J

PG

15y
NPP 10y

AA
12y
NPP 8y

AOABH, mal damage. On bond.

Offence committed after 1.2.2003
Grabbed 16y old female victim walking at night - dragged V behind bushes - punched V on face and made threatening remarks - penile vaginal intercourse.
Dysfunctional background. SJ erred in categorising case as worst category case. Sentence manifestly excessive.

El-Chammas
(18)
NSW CCA [154]
2.6.2009

s.61J
(inflict ABH)

Sched:
Assault police
Resist police

PG

5y
NPP 3y

Crown AA
6y 6m
NPP 4y

Nil

Offence committed after 1.2.2003
Assaulted 81y female Korean tourist walking in park in early morning - threw to ground and punched to unconsciousness - digital and penile penetration - no explanation for offence - intoxication - spontaneous offence - vulnerable victim under s.21A(2)(l)
Good character - good prospects of rehabilitation - genuine remorse

KAF
(56)
NSW CCA [184]
10.7.2009

2 x s.61J

Sched:
2 x s.61O Agg act indecency

PG

Count 1:
FT 5y

Count 2:
8y
NPP 5y
(partially cumulative)

Total:
9y
NPP 6y

AA in part otherwise AD.

Count 1:
8y
NPP 5y

Count 2:
Not interfered with.

Total:
9y
NPP 6y

Minor

Offence committed after 1.2.2003
Assaulted 11y daughter over 6 month period -part penile vaginal penetration - digital penetration.
Voluntary disclosure to police - remorse - psychotic disorder.
Mid-range objective seriousness.
Failure by SJ to comply with s45 Crimes (Sentencing Procedure) Act 1999 in respect of Count 1 - Court must set non-parole period for that count.

Dipangkear
(29)
NSW CCA [156]
21.7.2010

s. 61J (inflict ABH)

Sched:
1 x offence

PG

4y 6m
NPP 2y 3m

AD

Nil

SNPP 10y
Followed 24 year old victim on street at night - grabbed victim and tried to kiss her - punched victim twice to face - undid victim's trousers - inserted finger in vagina and anus - committed offence on way home from work at restaurant - intoxicated.
Less than mid-range.
Hardship to third party - wife pregnant.

LJ
(34)
NSW CCA [289]
10.12.2010

s. 61J (V under 16)

Sched:
2 x agg indecent assault; Act of indecency

PG

2y 2m
NPP 16m

AA
18m
NPP 12m

Nil

Offences occurred 13 years ago in 1997 - Applicant then aged 22 - Oral intercourse with 14 year old male victim - friend of family - not isolated incident - abuse took place over 6 months.
No evidence that A had abused or would abuse again - A lonely at time due to lack of warmth in his own family - good character.
SJ erred in not giving discount for guilty plea.

MDZ

[2011] NSWCCA 243

2 x s.61J

 

Sched:

Indecent assault

 

11y

NPP 7y

AA

8y

NPP 5y

 

SNPP 10y
Sexually assaulted 12 year old girl who was sleeping at the home of a friend and at which A was also staying – penile / vaginal intercourse and digital penetration.

Borderline personality disorder – mental health issues – cannabis dependence – these matters reduced objective seriousness of offence.

Hendricks

(42)

[2011] NSWCCA 203

s.61J (inflict ABH)

s.61I

 

Sched:

AOABH

Possess restricted substance

PG

3y

NPP 2y 3m

 

9y

NPP 5y 6m

 

Total:

11y 3m

NPP 7y 9m

AA

Total:

9y 9m

NPP 6y 3m

Minor

SNPP 10y
Sexually assaulted partner on two separate occasions two months apart – forced penile / vaginal intercourse on first occasion – forced oral / vaginal intercourse and attempted penile / vaginal intercourse on second occasion

Abusive childhood – good work record – appeal allowed to increase concurrence of sentences

FB

[2011] NSWCCA 217

s.61J (victim under 16y and under authority)

VG

6y

NPP 4y

Crown AA

10y

NPP 6y

Sentenced for similar offence committed later in time

SNPP 10y
Headmaster of school sexually assaulted 14y student staying with his family for two weeks – victim fell asleep after taking tablets from offender – awoke to find offender forcing penile / vaginal intercourse – just below mid-range – vulnerable victim

[prior good character – hardship in custody – loss of teaching career

RSW

[2012] NSWCCA 13

2 x s.61J

s.61M(1)

VG

9y

NPP 6y

AD

 

SNPP 10y
Stepfather sexually assaulted 9-10y daughter on at least two occasions – entered bedroom of victim early in morning – cunnilingus and placed penis in victim’s hand – prior good character

Enriquez

(39)

[2012] NSWCCA 60

s. 61J

 

Sched:

Attempt agg sexual assault

PG

8y 6m

NPP 6y

AD

Minor

SNPP 10y
Sexually assaulted 15y old daughter of ex-partner who was home alone with her two younger siblings – vaginal-penile intercourse.

A knew no adult was home and that V was vulnerable - previous familial relationship of stepfather and stepdaughter also placed V in a vulnerable position - conduct amounted to a breach of trust.

Drug abuse – depression – supportive partner and children.

JT

[2012] NSWCCA 133

7 x s.61J

s.61I

3 x s.35

VG

24y

NPP 18y

AD

Violence – breached conditional liberty

Offences committed on 19y de facto over eight months – assaulted victim with iron bar – forced mousse bottle into vagina – stabbed victim with fork and chisel and forced intercourse – assaulted victim with baseball bat and forced vaginal and anal intercourse – punched victim causing broken jaw – assaulted victim with iron bar and forced oral intercourse, fellatio and vaginal intercourse – deliberately cut leg of victim with broken plate – assaulted victim with hammer, bat and golf club forcing intercourse with electrical cord around neck

Aboriginal

DAJ

(39 at sentence)

[2012] NSWCCA 143

2 x s.61J(1)

4 x s.61M(1)

FTA

VG

3y 6m

NPP 2y 3m

 

Total:

4y 6m

NPP 3y 3m

Crown AA

s.61J offences

5y 6m

NPP 3y 3m

 

Total:

7y

NPP 4y 9m

Traffic matter

2003-2007 – sexually abused daughter of de facto aged 9-13y – touched complainant on stomach, thigh and vagina while in bed on two occasions – digital penetration – kissing and attempting to touch breasts and vagina

Van der Baan
(25/26)

[2012] NSWCCA 5

6 x s.61J

s.97(1)

PG

17y 3m
NPP 14y 3m

AA
15y 9m
NPP 12y 9m

Sexual offences committed at similar time

1995-6 – Arranged to meet 18y female acquaintance – walked victim to park area and threatened victim with knife – forced penile/vaginal intercourse, anal intercourse and fellatio – tied up victim and stole property – 16m later grabbed 15y female walking along bridge in early evening – threatened with knife – forced fellatio, digital penetration and vaginal intercourse – each attack callous and degrading and caused significant psychological and physical injury

Totality to sentence imposed for similar offences

Christie
(34)

[2012] NSWCCA 228

s.38- administer intoxicating drug with intent

2 x s.61J(1) (victim aged under 16y)

VG

16y
NPP 12y

AA
11y
NPP 8y

 

(sentence for s.61J offences:

8y
NPP 6y)

Offences – no sexual offences

SNPP 10y
Befriended 14y female stranger at wharf and commenced drinking – supplied Xanax tablet lying about effect – victim accompanied offender home before passing out – placed naked in offender’s bed and sexually assaulted – cunnilingus and penile / vaginal intercourse

GWM
(27)

[2012] NSWCCA 240

s.61J

PG
(25%)

5y 3m
NPP 2y 8m

Crown AA
7y 6m
NPP 4y 10m

limited

SNPP 10y
Sexually assaulted 11y niece – woke victim in her bed and forced vaginal intercourse, ejaculating into vagina – drunk at time of offence – refused to stop when asked by victim – victim had to be tested for sexually transmitted diseases

Drug and alcohol addiction commenced after suicide of father

Eatts
(34)

[2013] NSWCCA 14

s. 61J
2 x s. 61I

 

Sched:
2 x s 61I
Indecent assault

PG

12y
NPP 9y

AD

Lengthy. Robbery, receiving. Previous custody.

SNPP 10y
Sexually assaulted fellow male inmate whilst in remand – offences occurred in 2004 when aged 24 and victim aged 19.

Aboriginal – disturbed upbringing – virtually no education – psychiatric illness – drug abuse

Buksh
(36)

[2013] NSWCCA 60

3 x s.61J

 

Sched:
2 x 61J

PG

12y
NPP 8y

AD

Nil

SNPP 10y
Sexually assaulted V who was highly intoxicated – did not know V - met V and friends at railway station at night and accompanied them to a club – assured V’s friends he would take V home in a taxi but instead took V to his home – digital, vaginal and anal penetration.

Prior good character.

 

Cortese
(32)

[2013] NSWCCA 148

s.61J

s.61L

PG

s 61J – FT 2y suspended

 

 

 

s 61L - GBB s 9

Crown AA s61J:

3y
NPP 18m

 

Crown AD s 61L

nil

SNPP 10y
Sexually assaulted ex-girlfriend – could not accept V wanted to end relationship – would not allow V to leave A’s apartment – forced vaginal intercourse – threatened V.

Prior good character.

Below mid-range - sentencing judge erred in finding offence “at bottom of range.”

RO

[2013] NSWCCA 162

s.61J(1)
s.61M(1)

VG

5y
NPP 3y

 

Total:
6y
NPP 4y

AD

Minor offence prior – 2 subsequent indecent assault offences

Offences committed 1994 and 1996 on victim aged 13 / 15y by mother’s boyfriend – on first occasion but under influence of acid – exposed penis and rubbed vagina – digital penetration – mid range

Currie
(48)

[2013] NSWCCA 267

2 x s.61J
s. 61L

VG

Total:
13y 4m
NPP 10y

AD

Aggravated sexual assault, BES, drugs, assault.

SNPP 10y
Offence took place in 2005 - Sexually assaulted female V overseas tourist – had offered V a lift – stopped and threatened V with knife – oral and penile intercourse.

Offence of serious gravity.

Mental health issues.

TDP
(late 30s)

[2012] NSWCCA 303

9 x s.61JH

2 x s.61M(1)

VG

10y 6m
NPP 7y 6m

Crown AA

(to set NPP – same effective total sentence)

Nil

SNPP 10y
Sexually abused stepdaughter aged 13-16y over 3 years – forced penile / vaginal intercourse while sharing beds in hotels and taking rest breaks in motor vehicles – on occasions provided sleeping tablets – anal intercourse and fellatio – touched vagina – similar sexual misconduct on other occasions both at home and away travelling – offences towards mid-range

Aggravating factors - Complainant under 16 years and under authority

Prior good character – mental health problems

CMB

NSWCCA [5]

19.3.2014

s.61M(1)

4 x s.61J

PG

(25%)

3y GBB

Crown AA

5y 6m

NPP 3y

 

SNPP 10y
Sexually abused daughter aged 11-12 over 2005-2006 – touched on vagina – kissed and licked vagina on multiple occasions

Entered pre-trial diversion program for other offences – confessed to additional offences in assessment period – judge erroneously imposed non-custodial sentence in light of pre-trial program

On appeal considered delay and conduct of DPP

O’Connor
(30)

NSWCCA [53]
15.4.2014

s.61J

2 x s.37

 

Sched:

7 offences

VG

7y

NPP 4y

 

FT 4y

 

Total:

12y 10m

NPP 9y

Crown AA

10y

NPP 7y 6m

 

FT 4y

FT 10y

 

Total:

14y

NPP 10y 6m

Extensive – breached bail

SNPP 10y Straddled girlfriend in bed and attempted to choke when she refused sexual intercourse – later choked until V blacked out when she asked him to leave – V woke up bound and gagged on bed – cut dress of V with scissors – took V to bathroom to vomit then forced shower – returned to bed and forc4ed penile / vaginal intercourse

Sustained serious brain injury from prison assault after trial

Jarrett

[2014] NSWCCA 140

2 x s.61J

2 x s.61M

VG

8y

NPP 5y

 

Lesser FT concurrent

AD

 

SNPP 10y Sexually assaulted 12y friend of daughter staying at offender’s house – invited V to watch movie on sofa bed in lounge – touched breasts and genitals – cunnilingus – penile penetration – one incident

DC

[2014] NSWCCA 192

​4 x 61J​7y

NPP 5y 3m

​AD​Extensive.  Inflict ABH with intent to have S/i, AR, BESSNPP 10y

Targeted attack of 15 year old female at night as V walking home – grabbed V and held knife to neck – penile-vaginal, digital intercourse and cunnilingus.

FB

 

[2014] NSWCCA 282

​s.61J​6y 6m

NPP 4y

AD​​Child sexual abuse offences.

SNPP 10y
Sexual intercourse with SE female - circumstances of aggravation V aged 14 years and under A's authority as SE's teacher and headmaster of school V was attending – with consent of V's family, was taking care of V -  A drugged V and waited until V was sleeping before having intercourse - criminal culpability considerable - significant degree of deliberation and premeditation

Martin

(57)

 

[2015] NSWCCA 5

​s.61J

 

s.95

​PG

(25%)

​10y 6m

NPP 7y

 

Total:
11y
NPP 7y 6m

​AD​Limited – particularly in view of longstanding mental health issuesSNPP 10y

Placed hands over windpipe of prostitute while she was performing oral sex – caused victim to become unconscious and forced penile / vaginal intercourse – victim awoke still being choked – took handbag and made threat to kill – used condom

Longstanding psychiatric problems

Walsh

[2015] NSWCCA 83

​2 x 61J

2 x Att s.61J

s.61P

​PG​Total:

10y
NPP 7y

​AD​Dangerous drive causing death1991 offences.

Offences took place in 1991 – cold case DNA – A arrested in 2011 – V female aged 57 – babysitting at children's home - A entered home through window – digital anal and vaginal penetration – attempted penile penetration – hit V in face – left after 15 minutes – opportunistic offence, no significant planning.

Violent upbringing – employed.

Hammond

(26)

[2015] NSWCCA 89

​2 x s.61J​PG

(25%)

​6y

NPP 3y

​AD​NilSNPP 10y

15 year old female victim – V highly intoxicated whilst camping with A and her friends – A offered to take her home but took V to his residence – digital vaginal penetration – penile vaginal penetration – took V home.

 Prior good character – suffering depressive illness.

KA

(17)

[2015] NSWCCA 111

​2 x s.61J

(in company)

​VG​4y 3m

NPP 2y 3m

​AD​14y female intoxicated victim – two males separated victim from group on beach at night – co-offender forced fellatio with assistance of offender – offender engaged in penile / vaginal intercourse – joint criminal enterprise – co-offender initiated offences
Herbert

(30)

[2015] NSWCCA 172

​3 x s.61J

(actual bodily harm)

​PG

(25%)

​10y

NPP 7y

​AA

9y

NPP 6y 3m

MinorSNPP 10y

Assaulted 55y female stranger walking along beach – punched victim in face and dragged her into bushes – digital penetration – licked and sucked genitals – choked to unconsciousness – threatened children – spontaneous offence

Voluntarily attended police station concerned may have committed offence while intoxicated – suffering depression and alcohol abuse – genuine contrition  good prospects of rehabilitation

On appeal failed to give Ellis discount

El-Ali

(34)

[2015] NSWCCA 300

s.61J​VG9y

NPP 6y

​ADSNPP 10y

Took 13y victim to hotel room and supplied alcohol – anal intercourse without consent in presence of male friend