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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 - Serious Sexual Offences - Sentence Above 10 Years 

Name

Offence

Plea

Sentence

Appeal 

Record

Involvement & Summary

Hynds

NSW CCA

4.6.1991

Attempt murder

s.61C(1)(b)

4 x s.61D(1)

Attempt s.61D(1)

 

Entice away for purpose of abduction

2 x sexual ass

s.61C(1)(b)

PG to all but two counts

MT 17y

AT 2y 6m

AD

No priors of any significance.

Lied way into friend’s house and used knife to force wife to perform demeaning and humiliating sexual acts. Husband returned during strangling. Bailed. Alcohol involved.

 

Enticed woman away by representing he was to take her to Sydney where husband involved in accident. Sexual assault. Much planning involved.

Pollack

NSW CCA

20.5.1993

Assault

Indecent Assault

BES

Threaten ABH with weapon W/I to sexually assault

3 x s.61I

VG / PG

MT 11y

AT 2y

AA

MT 9y 9m

AT 3y 3m

Second offences committed on bail – nil relevant

Entered female’s flat at night – Lay on top of complainant on bed – Placed hand over nose and mouth – Rubbed genitals and buttocks – Pulled hair and struck face

Entered home of female at night armed with knife – Held knife to neck – Sexual intercourse x 3 – Fondled vagina – Forced fellatio – Stole money – Threat to kill

Schizoid personality – Good prospects of rehabilitation

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

Jones

(33)

NSW CCA

15.12.1993

2 x s.61J

s.61K

2 x s.61I

PG

MT 12y

AT 2y

AD

 

bad prior sex, on parole

Penile / vaginal, oral and anal intercourse. Four Complainants, each attacked on way home from club where met A. In one case a knife used. Each C assaulted with some violence and suffered serious physical and emotional harm. Offences of worst kind.

Fresh evidence of HIV

McCarthy

(22)

(1993) 71 A Crim R 395

LMV

s.61C(1)(b)

7 x s.61D(1)

VG

MT 8y

AT 2y

Crown AA

MT 9y

AT 2y 6m

On parole for sexual assault.

With de facto picked up 17y female for baby-sitting. Used knife to force Complainant to undergo sexual assault in back of van.

Boatswain

(28)

NSW CCA

15.12.1993

7 x s.61J

2 x Rob

Possess shortened firearm

2 x dishonesty

 

Sched:
Dishonesty offences

PG

Total

MT 15y

AT 8y

AD

“worst type of case”

no detail but been to gaol most of time since 14y

Penile / vaginal, oral and anal intercourse. Confronted 50y widowed doctor with gun in her home. Tied to bed and sexually assaulted for twelve hours. Left naked and bound to bed. 26 days later entered house of second complainant by skylight. Produced knife and forced multiple sexual intercourse.

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 intercourse. Used knife. Attack started when 39y Complainant arrived home, forced at knifepoint into house where sexually assaulted for hour and a half. Urinated on 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 C on head. C feigned unconsciousness, and subjected to episodes of penile / vaginal and oral intercourse.

Gordon

(19)

(1994) 71 A Crim R 459

3 x kidnapping

6 x AR

Indecent ass

2 x agg sex ass

BE w/ I to detain

PG

MT 6y 6m

AT 3y 6m

(concurrent with existing sentence for aggravated sexual assault)

Crown AA

MT 8y

AT 4y

Extensive record, bond and PD at time of offences. Bail for aggravated sexual assault

Over 12 days approached three Complainants in car park. Using knife forced them into car. Stole money from purses and forced withdrawals from bank. Each detained for period of some hours. One C sexually assaulted. One C detained in hotel room for 8 hours.

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.

Morris
(16)

NSW CCA

25.9.1995

BE w/ I

s.61J

AR

 

Sched

Firearms

PG

MT 9y

AT 4y

AA

MT 8y 8m

AT 4y 4m

Lengthy

Broke into C’s house and threatened C and her children. Use of knife – anal, penile/vaginal and oral intercourse over period of time

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.

Russell

(20)

(1995) 84 A Crim R 386

s.61I

s.89

2 x s.61J

s.33B

PG

(SI)

MT 7y

AT 4y

AD

Breached recog and bail

Walking home from nightclub with female acquaintance forced her to have intercourse – On subsequent occasion forced female off street into secluded area and forced oral and vaginal intercourse – Used car aggressively as police attempted to arrest for dangerous driving

Low intellect – hearing problems - Aboriginal

WAP

(26)

NSW CCA

19.8.1996

6 x s.61J

Enter w/ intent to assault

AOABH

AR

Seize and carry away

PG

MT 9y

AT 3y

(other offences concurrent)

AA

MT 8y

AT 3y

Reduced for assistance.

previous record, although none for sex

Knocked at house of C1 and forced entry with knife. Threatened occupants, and left when one escaped. Forced entry into house of C2. Threatened C and three year old son. Brutal sexual assaults, including use of aerosol can and fist. Continual threatening of C and son. Took valuables and took C to nearby reserve for further sexual assaults. Took photo of son to threaten in the future.

Harrison
(22)

NSW CCA

20.2.1997

4 x s.61J

(threaten to inflict abh)

1 x s.80A(2)

AOABH


Sched:

Assault

PG

MT 9y

AT 3y

Crown AA

MT 12y

AT 4y

Qld - dishonesty and violence

Picked up C and friend hitch-hiking and drove them to secluded beach. Assaulted C by placing string around throat and arm around neck. Further bruises to both girls.

Twelve months later picked up C2 hitch-hiking. Threatened C with knife and handcuffed her. Fellatio, digital, forced C to insert own finger, various sexual and physical threats. Drove and performed more sexual assaults on beach. Total time was seven hours.

Two days later performed similar assaults on another woman in Queensland.

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”

Sharrock

(45)

(1999) NSW CCA [289]

s.61I

2 x s.61J

Att s.61J

SMV

s.112

Plea not stated

MT 18y

AT 4y

AA

MT 16y

AT 4y

Appalling

Broke into home of 80y lady in wheelchair – threatened with knife and sexually assaulted C – lesser assaults on two different C around same time

No psychiatric illness or anti social tendencies

Worst case

Presta

(28)

NSW CCA [40]

21.2.2000

21 x s.61J

5 x kidnapping

 

Sched:

10 offences

PG

MT 14y 3m

AT 4y 9m

AD

 

Kidnapped 7 males at gunpoint, two only 15y. Subjected to sadistic sexual abuse and torture. Videotaped all offences.

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 affect 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.

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.

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 (CCA – 10%: at [74])

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.

Khan

(38)

NSW CCA [428]

23.10.2000

4 x Assault

4 x s.61I

Indecent assault

Abduction

VG

MT 8y 3m

AT 2y 9m

AD

 

Bizarre relationship with Indian / Fijian complainant over several weeks – C sexually assaulted in bedroom of A’s house – Assaulted and threatened with knife – Tied up and placed in boot of car – Digitally penetration – Cunnilingus – Bullying of vulnerable complainant

King

NSW CCA [507]

6.12.2000

5 x s.61J

s.97(1)

VG

MT 7y

AT 5y

Conviction AD

 

Broke into home of pregnant sleeping female - Held knife to neck and demanded money - Bound and blindfolded C and performed oral, anal and vaginal intercourse - Threatened 3y son and unborn child

Astles

(28)

NSWCCA [235]

29.5.2001

2 x s.61I

s.90A

s.112(2)

 

Sched:

6 offences including three further sexual offences

PG (not stated)

MT 5y 8m

AT 3y 4m

 

Total:

MT 10y

AT 3y 4m

AD

Lengthy record

Detained first victim overnight after sexually assaulting her – tied up victim and drove to bushland area and forced intercourse twice – broke into house, tied up second victim when she returned – stole money, property and car

Psychological problems

Baker

(48)

NSW CCA [96]

23.3.2001

s.61J

PG (not stated) 

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.

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 (20%)

 

 

 

 

 

PG (20%)

 

 

 

 

PG (20%)

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

Daley

(43)

NSWSC [148]

Simpson J

26.4.2002

 

NSW CCA [109]

28.4.2003

2 x s.61J

2 x s.97(1)

2 x s.90A

 

Sched:

3 x s.61J

2 x attempt s.61J

5 x AR

2 x kidnapping

PG (CCA -no discount appropri-ate)

22y

NPP 16y 6m

AD

minor

7 complainants over 22 months. Accosted woman alone late at night, threatening with knife, use of gag, used hands and/or penis to penetrate vaginally and engaged in other sexual acts including fellatio.

Johnston

(36)

NSW CCA [201]

3.6.2002

4 x s.112(2)

1 x s.109(2)

1 x s.61C(1)(b)

7 x s.61I

1 x s.113(2)

PG (not stated)

20y 6m

NPP 16y 6m

AA

20y 6m

NPP 15y

record for minor sexual offences

Multiple break and enter and sexual offences - Broke into 3 houses and sexually assaulted female occupants - Some victims alone - One victim 17y -Multiple sexual assaults - Broke into 4 other houses and stole or attempted to steal bags

Protective custody - Need for treatment and supervision - Likelihood of re-offending

Anderson

(36)

NSW CCA [304]

14.6.2002

2 x s.61J

s.90A

2 x Agg rob s.95(1)

Steal MV

Escape custody

PG (not stated)

12y

NPP 9y

Crown AA

14y

NPP 11y

Lengthy, violence.

Escaped from minimum security prison with co-offender. Forced 50y female walking on beach into stolen car. Drove to bush, subjected to number of sexual assaults. Threats. Took money from C’s wallet and forced C to withdraw money from ATM. C suffered various injuries.

“Just short” of worst case category.

Serving sentences for offences of violence.

To

(29)

NSW CCA [252]

26.6.2002

s.61D

9 x s.61J

VG

27y

NPP 20y

AD

 

Broke into flats and sexually assaulted 4 complainants - One C 12y girl - Threatened some Cs with knife

Jones

(17)

NSW CCA [54]

7.3.2003

s.90A

2 x s.61J

(threat to inflict abh)

 

Sched:

2 x s.61J

AOABH

PG (not stated)

11y

NPP 6y

Crown AD

prior record but no similar offences

Abducted 19y female from shopping centre car park - Forced to drive to isolated area and sexually abused her over extended period of time - Violence and death threats - Aware C a virgin - Worst category

Difficult and chaotic childhood - Genuine remorse and contrition - 2 month old daughter

McGrath

NSW CCA [183]

1.7.2003

Agg BE and commit agg sexual assault

Agg Rob

 

Sched:

15 offences

PG (15%)

12y

NPP 9y

AD

 

Broke into home of 87y male – Threatened with knife then assaulted and fellated C – Took property and car

Intellectual disabilities and youth

Hoang

(18)

NSW CCA [380]

3.12.2003

s.61JA Agg sexual assault in company

s.90A Kidnap

s.112(2) Agg BES

 

Sched

Acc After Fact BE

PG (25%)

15y

NPP 11y 3m

AA

15y

NPP 9y 3m

nil

With two co-offenders broke into home – threatened male victims and female victim with knives – took property – abducted female victim and sexually assaulted her.

Youth. Special circumstances.

Bowtell

NSW CCA [17]

9.2.2004

2 x.61J

SMV

s.90A (with injury)

2 x 97(1) Rob in Co

Escape

PG (12.5%)

19y 9m

NPP 16y 9m

(consecutive to existing sentence)

AA

14y

NPP 11y

Serving sentence for manslaughter

Escaped from prison with co-offender - Abducted fifty-year old female complainant walking on beach - covered C’s mouth with tape and tied hands - Drove in C’s vehicle to bush land with C in boot - Stripped C naked, taking turns having penile/vaginal intercourse with C four or five times – Also digital penetration and oral intercourse - At another location both again had intercourse with C - Offenders took $20 from C’s wallet - C taken to ATM and forced to withdraw $50 - C eventually released that evening.

Parity – totality. In custody since age 17 years.

MSK

(23)

 

NSWSC [319]

(Sully J)

22.4.2004

 

NSW CCA [369]

4.11.2005

 

NSWSC [237]

Hidden J

5.4.2006

 

NSW CCA [381]

30.11.2006

9 x s.61JA

 

 

 

 

 

 

 

 

 

4 x s.61J

s.61J

VG

 

 

 

 

 

 

 

 

 

VG

PG (15%)

22y

NPP 16y 6m

 

 

 

 

 

 

 

 

14y

NPP 10y

 

Total:

26y

NPP 22y

AD

 

 

 

 

 

 

 

 

 

Crown AA

20y

NPP 12y

 

Total:

32y

NPP 24y

dishonesty

13.7.2002

5th male, RS, convicted but died prior to sentence

16y and 17y females accompanied offenders to house – had previously spent night unharmed

S was physically restrained by MMK - MSK slapped her face and produced a knife - forced into a bedroom - MSK entered with another knife - produced some bullets and mentioned a gun - threat to kill - forced penile/vaginal intercourse three times - MAK entered the room – forced vaginal/penile intercourse on - threatened her with death if she went to the police.

G taken to different bedroom - MMK entered room carrying long bladed kitchen knife - forced G to fellate him and twice forced penile/vaginal intercourse - subjected to further sexual assault by RS.

Principal / Accessorial liability

24.6.2002

14y female accompanied brothers to house – became intoxicated – taken to bedroom by MAK and forced penile and digital penetration in company of MSK – MSK forced penile penetration – sexually assaulted by third man in company of MSK

14.7.2002

13y complainant had consensual intercourse with MMK – subsequently sexually assaulted by MSK – threats of violence

 

Emigrated to Australia from Pakistan while relatively young – Lack of parental supervision – Refusal to accept any wrongdoing – Poor rehabilitation prospects.

MAK

(23)

 

NSW SC [319]

(Sully J)

22.4.2004

 

NSW CCA [369]

4.11.2005

 

NSWSC [237]

Hidden J

5.4.2006

 

NSW CCA [381]

30.11.2006

9 x s.61JA

 

 

 

 

 

 

 

 

 

s.61J

 

Sched:

s.61L

VG

 

 

 

 

 

 

 

 

 

PG

16y

NPP 12y

 

 

 

 

 

 

 

 

9y

NPP 4y

 

Total:

19y

NPP 14y

AD

 

 

 

 

 

 

 

 

 

Crown AD

Nil

13.7.2002

5th male, RS, convicted but died prior to sentence

16y and 17y females accompanied offenders to – had previously spent night unharmed

S was physically restrained by MMK - MSK slapped her face and produced a knife - forced into a bedroom - MSK entered with another knife - produced some bullets and mentioned a gun - threat to kill - forced penile/vaginal intercourse three times - MAK entered the room – forced vaginal/penile intercourse on - threatened her with death if she went to the police.

G taken to different bedroom - MMK entered room carrying long bladed kitchen knife - forced G to fellate him and twice forced penile/vaginal intercourse - subjected to further sexual assault by RS.

Principal / Accessorial liability

24.6.2002

14y female accompanied brothers to house – became intoxicated – taken to bedroom and sexually assaulted by MAK

20.1.2002

(indecent assault on schedule) - Took female complainant to bedroom and commenced kissing – touched breast and pubic area

 

Emigrated to Australia from Pakistan while relatively young – Lack of parental supervision – Refusal to accept any wrongdoing – Poor rehabilitation prospects.

MRK

(17)

 

NSWSC [319]

(Sully J)

22.4.2004

9 x s.61JA

VG

10y

NPP 5y

 

one minor

13.7.2002

5th male, RS, convicted but died prior to sentence

16y and 17y females accompanied offenders to – had previously spent night unharmed

S was physically restrained by MMK - MSK slapped her face and produced a knife - forced into a bedroom - MSK entered with another knife - produced some bullets and mentioned a gun - threat to kill - forced penile/vaginal intercourse three times - MAK entered the room – forced vaginal/penile intercourse on - threatened her with death if she went to the police.

G taken to different bedroom - MMK entered room carrying long bladed kitchen knife - forced G to fellate him and twice forced penile/vaginal intercourse - subjected to further sexual assault by RS.

Accessorial liability

 

Emigrated to Australia from Pakistan while relatively young – Lack of parental supervision – Refusal to accept any wrongdoing – Poor rehabilitation prospects.

MMK

(16)

 

NSW SC [319]

(Sully J)

22.4.2004

 

NSW CCA [369]

4.11.2005

 

NSWSC [237]

Hidden J

5.4.2006

 

NSWCCA [272]

5.9.2006

9 x s.61JA

 

 

 

 

 

 

 

 

 

s.66C(1)

 

Sched:

Ind ass

Assault

VG

 

 

 

 

 

 

 

 

 

PG

22y

NPP 13y

 

 

 

 

 

 

 

 

12m (concurrent)

Crown AD

 

 

 

 

 

 

 

 

 

Crown AD

nil

13.7.2002

5th male, RS, convicted but died prior to sentence

16y and 17y females accompanied offenders to – had previously spent night unharmed

S was physically restrained by MMK - MSK slapped her face and produced a knife - forced into a bedroom - MSK entered with another knife - produced some bullets and mentioned a gun - threat to kill - forced penile/vaginal intercourse three times - MAK entered the room – forced vaginal/penile intercourse on - threatened her with death if she went to the police.

G taken to different bedroom - MMK entered room carrying long bladed kitchen knife - forced G to fellate him and twice forced penile/vaginal intercourse - subjected to further sexual assault by RS.

Principal / Accessorial liability

14.7.2002

Consensual intercourse with 13y complainant when aged 15 years

24.11.2001

Took 14y female to bedroom – squeezed breast and slapped her across face

 

Emigrated to Australia from Pakistan while relatively young – Lack of parental supervision – Refusal to accept any wrongdoing – Poor rehabilitation prospects.

Hayes

NSW CCA [156]

19.5.2004

s.61I

s.61L

Enter building with intent [7y]

 

Sched:

AOABH

Larceny

Ass

PG (not stated)

12y

NPP 9y 3m

AD

Second two offences committed on bail

Sexually assaulted Czech tourist in street – 17m later indecently assaulted prostitute in laneway by sucking breast – Stole complainant’s handbag – 6m later attempted to enter unit with female at 6am

Villar

 

 

 

Zugecic

 

NSW CCA [302]

3.9.2004

s.90A [20y]

4 x s.61J

 

 

s.90A [20y]

5 x s.61J

V

 

 

 

VG

17y

NPP 10y

 

 

16y

NPP 10y

AA

12y

NPP 9y

 

12y

NPP 9y

Minor

 

 

 

Minor

Sexually assaulted ex girlfriend of V – detained in bedroom of home unit overnight – penile intercourse, fellatio and digital anal intercourse – some violence – offences committed in company

 

Brownlowe

(44)

NSW CCA [465]

20.12.2004

s.90A

5 x s.61J

Ind Assault

VG

21y

NPP 15y

AD

Lengthy – breached parole

With co-offender took female complainant off street and detained in house for 24h – threat to kill with gun and knife – forced C to consume drugs and alcohol – sexual assaulted

Extremely dysfunctional childhood – stabbed as juvenile causing serious psychological problems

Johnson

(23)

NSW CCA [186]

20.5.2005

Agg BES

s.61I

Agg BE and commit sexual assault

PG (s.61I – 10%)

14y

NPP 9y

AA

Only to vary commencement dates

Lengthy record – breached bail and bond

Aboriginal male broke into 2 homes and had sexual intercourse with females in bed – first victim sleeping

Reyes

(40)

NSW CCA [218]

16.6.2005

Kidnapping

3 x Indecent Ass

4 x Admin stupefying drug

10 x s.61J

2 x Obt benefit by deception

Steal from person

Steal from dwelling

VG

 

 

 

 

 

 

PG

 

PG

13y

NPP 10y

Crown AA

18y

NPP 15y

Prior record for drugs and dishonesty

Accosted 18y female at knifepoint – Detained over 20 hours – Threats – Injected with amphetamines 4 times – Inserted dildo – Forced victim to take money from ATM – Sexually assaulted (cunnilingus, fellatio, digital and penile penetration)

Accosted 16y girl – Bound and detained in victim’s flat – Threatened with knife – Indecent assault – Left in flat

B Skaf

(18)

 

 

NSW CCA [297]

16.9.2005

 

 

 

 

 

Mathews AJ [2006] NSWSC 394

(12.8.2000 offences)

 

 

 

 

NSW CCA [303]

17.12.2008

(12.8.2000 offences)

 

 

 

 

11 x s.61J

3 x s.90A

3 x s.61 (assault)

2 x Agg. Act of indecency

2 x Pervert course of justice

 

 

 

2 x s.61J

VG

 

 

 

 

PG

 

 

 

 

 

VG

46y

NPP 30y

(after successful conviction appeal)

 

 

 

 

 

 

18y

NPP 12y

AA

28y

NPP 22y

 

 

 

 

 

 

 

 

Total

(with additional trial sentence):

38y

NPP 32y

 

 

 

 

AA

16y

NPP 10y

 

Total sentence reduced to:

36y

NPP 30y

Relatively minor record resulting in fines

10.8.2000 - B Skaf / Hajeid / H / Mohamed Sanoussi / Ghanem

The two complainants met group of males at shopping centre – accepted marijuana and lift home – driven to park where forced to participate in numerous acts of oral intercourse - each repeatedly threatened and hit - males took turns in forcing oral sex then watching

 

30.8.2000 - B Skaf / Chami / M Skaf / H / Mahmoud Sanoussi / Mohamed Sanoussi

Complainant approached by five males – agreed to smoke marijuana and travelled with them to Station - M Skaf detained C in toilet block and forced penile / vaginal intercourse – C sexually assaulted by other males – further sexual assaults at other locations including an industrial estate.

G successful conviction appeal.

 

Chronology:

Sentence hearing: NSW DC (Finnane DCJ) 10.10.2002

Unsuccessful conviction appeal: NSWCCA [74] 7.4.2004

Unsuccessful conviction appeal: NSWCCA [36] 7.4.2004

Successful conviction appeal: (2004) 60 NSWLR 86

2006 Convicted at re-trial in relation to 12.8.2000 offences

Sentence 12.8.2000 offences: Mathews AJ [2006] NSWSC 394

Successful sentence appeal 12.8.2000 offences: [2008] NSWCCA 303 17.12.2008

 

Sentence appeal

No error in finding Skaf had leadership role - offences not individually or collectively worst case category – parity – manifestly excessive – onerous custodial conditions – failure to state discount for guilty plea – factual error

 

12.8.2000 - B Skaf / M Skaf

M Skaf picked up 16y female friend for a drive – driven to park and sexually assaulted by B.Skaf and third man – threatened with gun and assaulted – retrial – not worst case

Hajeid

(18)

NSW CCA [262]

16.9.2005

 

Co-offenders:

B.SKAF

H

Moh. SANOUSSI

GHANEM

6 x s.61J

2 x s.90A

2 x s.61

VG

23y

NPP 15y

AA

17y

NPP 12y

Minor record

Chronology

Offences committed 10.8.2000 (see B.Skaf – facts)

Sentence hearing: NSW DC (Finnane DCJ) 14.6.2002

Unsuccessful conviction appeal: NSW CCA [74] 7.4.2004

 

Sentence appeal

Manifestly excessive

Chami

(18)

NSW CCA [299]

16.9.2005

 

Co-offenders:

B.SKAF

H

M.SKAF

Mah. SANOUSSI

Moh. SANOUSSI

s.61J

s.90A

VG

18y

NPP 10y 6m

AD

Nil

Chronology

Offences committed 30.8.2000 (see B.Skaf – facts)

Sentence hearing: NSW DC (Finnane DCJ) 9.8.2002

Unsuccessful conviction appeal: NSW CCA [36] 7.4.2004

 

Sentence appeal

Prior good character

M Skaf

(17)

NSW CCA [298]

16.9.2005

 

 

 

Mathews AJ [2006] NSWSC 394

(12.8.2000 offence)

 

 

 

NSWCCA 303

17.12.2008

(12.8.2000 offence)

 

Co-offenders:

B.SKAF

CHAMI

H

Mah. SANOUSSI

Moh. SANOUSSI

2 x s.61J

2 x s.90A

 

Sched:
4 offences

 

 

Access before fact s.61J

VG

 

 

 

 

 

 

VG

23y

NPP 11y

(after successful conviction appeal)

 

15y

NPP 7y 6m

AA

19y

NPP 11y

 

 

 

 

Total

(with additional trial sentence):

26y

NPP 18y 6m

 

 

 

AA

12y

NPP 6y

 

Total sentence reduced to:

23y

NPP 17y

 

Nil relevant

Chronology

Offences committed 30.8.2000 (see B.Skaf – facts)

Unsuccessful conviction appeal: NSW CCA [36] 7.4.2004

Successful conviction appeal: (2004) 60 NSWLR 86

2006 Convicted at re-trial in relation to 12.8.2000 offence

Sentence 12.8.2000 offence: Mathews AJ [2006 NSWSC 394

Successful sentence appeal 12.8.2000 offence: [2008] NSWCCA 303, 17.12.2008

 

Sentence appeal

Erroneous factual basis – fresh evidence of serious illness in custody

 

12.8.2000 - B Skaf / M Skaf

M Skaf picked up 16y female friend for a drive – driven to park and sexually assaulted by B.Skaf and third man – threatened with gun and assaulted – retrial – not worst case

H

(17)

NSW CCA [282]

16.9.2005

 

Co-Offenders:

B.SKAF

HAJEID

Moh. SANOUSSI

GHANEM

CHAMI

Mah. SANOUSSI

M.SKAF

Act of ind

Assault

Agg ind ass

4 x s.90A

3 x s.61J

s.61I

 

Sched:

6 related offences

PG (25%)

25y

NPP 15y

AA

16y 6m

NPP 12y

Minor

Offences committed 10.8.2000 and 30.8.2000 (see B.Skaf – facts)

Also committed offences on 4.8.2000 - Groups of males approached 14y female on train – complainant surrounded and indecently assaulted – played leading role in first offence

Mildly intellectually disabled and paranoid schizophrenic – one offence erroneously treated as aggravated offence – not worst category of offences – took into account adverse information outside statement of facts and without warning

MS

(15)

NSW CCA [322]

16.9.2005

 

Co-offenders:

B.SKAF

CHAMI

H

Mah. SANOUSSI

M.SKAF

s.61J

s.90A

PG (25%)

11y 3m

NPP 6y 6m

AD

 

Involved in offences on 30.8.2000 (see B.Skaf – facts)

Mohamed Sanoussi

(16)

NSW CCA [323]

16.9.2005

 

Co-offenders:

B.SKAF

CHAMI

HAJEID

H

Mah. SANOUSSI

M.SKAF

GHANEM

3 x s.90A

4 x s.61J

Rob in Co

PG (CCA -25%)

21y 3m

NPP 12y

AA

16y

NPP 10y

 

Involved in offences on 10.8.2000 and 30.8.2000 (see B.Skaf – facts)

Mosegaard

NSW CCA [361]

27.10.2005

s.61J

s.61I

VG

12y

NPP 9y

AD

Not stated

Sexual assaulted female flatmate over extended period of time – detained in offender’s room – oral and vaginal intercourse – assaulted – urinated in mouth – took photos – degrading episode

S Aslett

(18)

NSW CCA [48]

24.3.2006

 

Co-offender:
D.ASLETT

s.112(3) (sp agg BE and commit AR)

3 x s.61JA

PG (not stated)

24y

NPP 17y

AA

20y

NPP 13y

Nil

With three men broke into home unit – occupants tied up – property stolen – 16y daughter sexually assaulted over several hours by three men – appellant forced fellatio twice and anal rape – serious injury

Aboriginal – low intelligence – uncle was primary offender

D Aslett

(32)

NSW CCA [49]

24.3.2006

 

Co-offender:
S.ASLETT

s.112(3) (sp agg BE and commit AR)

6 x s.61JA

Incite act of indec

VG

40y

NPP 30y

AA

30y

NPP 22y 6m

Lengthy – long periods in gaol or institutions since 10y – breached conditional liberty

With three men broke into home unit – occupants tied up – property stolen – 16y daughter sexually assaulted over several hours by three men – appellant made complainant manipulate vagina then forced penile intercourse – other offenders forced fellatio, penile and anal rape – serious injury – primary offender – worst case category

Aboriginal

McKechnie

NSW CCA [13]

15.2.2006

s.37 Att to choke w/I

s.61J(2)

VG

15y

NPP 11y

AD

Extensive prior convictions for violence – breached conditional liberty

Attacked female stranger walking on beach – forced head into sand and attempted to choke – digital and penile penetration

Doherty

(38)

NSW CCA [133]

28.4.2006

Agg BE and commit sexual offence

2 x Ind Assault

3 x s.61J

Supply cannabis

 

Sched:

BES

2 x GIC

2 x Possess drug

PG (not stated)

17y

NPP 12y

AA

15y

NPP 10y

Extensive record

Broke into home unit and tied up 55 year old female occupant – penile intercourse and forced fellatio – found in possession of 2.2kg cannabis

Disturbed background - totality

Harrison

(38)

NSW CCA [185]

19.6.2006

s.61K(a)

s.61JA(1)(c)(iii)

 

Sched:

s.61JA

PG (not stated)

11y

NPP 9y

AA

To backdate only

 

Offences committed with brother – attempted to force female into car – picked up prostitute and repeatedly raped

Offences out of character – Hardship on wife and children

Brooks

(18)

NSWCCA [169]

9.8.2006

s.112(2)

3 x s.61J

s.95

 

Sched:

s.61J

escape

PG (20%)

17y

NPP 13y

AA

14y

NPP 10y 6m

Bad record – breached parole

Broke into home of 82y female at night – digital and penile penetration – attempted fellatio – cunnilingus – threatened with spanner – stole $60 – took food

Error in finding worst case category

French

(31)

NSW CCA [361]

16.11.2006

2 x Admin stupefying drug W/I

8 x s.61I

Assault

2 x AOABH

Ind Assault

s.61J

PG (10%)

14y

NPP 10y

AD

Minor

Offences committed on partner – Complainant unconscious or semi-conscious state due to drugs – Bound and tied to bed – Use of biscuits and syringes in sexual assaults – Offences videotaped

Psychological and physical problems

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

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

Wilmot

(32 at sentence)

(2007) 169 A Crim R 280

s.90A [20y]

3 x s.61I

 

Sched:

2 x ind ass

PG (lower end of range)

12y

NPP 9y

Accum to existing sentence

 

Total:

19y

NPP 16y

AD

Lengthy record for similar offences – breached conditional liberty

Assaulted 19y female on duty at train station alone at 6.00am – tied up and blindfolded complainant – fondled, kissed and sucked breast – cunnilingus and fellatio

Unfortunate childhood – abuse – personality disorder – high risk of re-offending

Musgrove

(34)

(2007) 167 A Crim R 424

s.61J

PG (Betw-een  20-25%)

10y 6m

NPP 8y

AD

Incite person <16 commit act indecency

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

 

Sexual assaults upon 16y niece – offences part of wider conduct.

Sentences made cumulative.

Reaburn

(35)

NSW CCA [60]

16.3.2007

s.61J

s.61I

 

Sched:
AOABH

PG (25%)

14y 8m

NPP 11y

AA

10y 2m

NPP 7y 6m

Minor – no sexual or violent offences

Sexually assaulted Japanese student staying with girlfriend – threatened with knife – forced fellatio – penile/vaginal intercourse from behind

Extremely disruptive and abusive childhood causing psychological problems and substance abuse - remorse

Oloitoa

(24)

NSW CCA [117]

4.4.2007

s.111(2) agg entry w/I to AR

s.61J

PG (20%)

12y 6m

NPP 6y 6m

Crown AA

13y 6m

NPP 9y 9m

Significant record including violence

Three men forced entry into house occupied by female and four children at 6am – stole property – appellant forced female to commit fellatio – threatened with knife – threatened children – aware children watching

Trindall

NSW CCA [119]

30.4.2007

3 x s.90A

86(2)(b)

86(1)(b)

6 x s.61J

3 x s.61I

s.61K

2 x s.94

PG (not stated)

23y 6m

NPP 21y 6m

AD

 

Attacked 7 victims over ten years – prostitutes and other vulnerable women – two victims 7 months’ pregnant – lured to remote areas and tied up to trees - serious physical injuries – fellatio, anal intercourse and vaginal intercourse – one victim penetrated with stick – threats to kill

Thornton

NSW CCA [164]

21.6.2007

s.111(1)

10 x s.61I

s.37

Att s.61I

s.61L

VG

12y 6m

NPP 10y

AA

12y 6m

NPP 9y

Nil for sexual offences

Broke into home and sexually assaulted female occupant over several hours – cunnilingus, fellatio and digital penetration

Sittczenko

(21 / 23)

NSWDC [323]

Cogswell SC DCJ

21.9.2007

4 x s.61J

s.112(2)

s.86(2)(b)

s.95(1)

Steal from dwelling

 

Sched:

s.61J

s.148

s.95(1)

s.112(1)

s.113(1)

PG

15y

NPP 11y

 

 

Offences committed two years apart – walked into house of 52y female – exposed penis – punched victim in face and forced vaginal / penile intercourse in hall – forced victim into bedroom and forced vaginal then anal intercourse – stole money and property – opportunistic offences – entered house to commit robbery – top of mid range

Second offence grabbed 15y female walking on street at night – punched victim twice and forced penis into vagina three times and anus twice – stole phone – opportunistic offence

Remorse – drug / alcohol abuse – good prospects of rehabilitation

MW

(37)

NSW CCA [291]

16.10.2007

s.61J

s.37 (att to choke)

 

Sched:

Act of indecency

PG (25%)

8y

NPP 5y 6m

Crown AA

12y

NPP 9y

Violence

Lured 17y step-daughter to park area – assaulted and threatened to kill – digital penetration – punched three times in face – masturbated during penetration – choked to unconsciousness – breach of trust – revenge for complainant reporting respondent to police over domestic violence issue – planned offence

Remorse – good prospects of rehabilitation

Eken

(21)

NSW CCA [320]

13.12.2007

 

Co-offenders:
TOPCU

PAPADOPOULOS

(s.61J Table)

2 x AOABH

s.61JA

Common assault

2 x s.61J

PG 12½%)

15y 9m 12d

NPP 11y 9m 12d

AA

14y 3m

NPP 10y 3m

Violence, drugs and traffic

Assaulted 17y female acquaintance in home unit – forced victim to fellate two co-offenders – forced victim to have penile / vaginal intercourse with co-offender – extended assault

Hardship to family

Ghanem

(17)

NSW CCA [4]

8.2.2008

 

Co-offenders:

B.SKAF

H

HAJEID

Moh. SANOUSSI

2 x s.90A

s.61I

Assault

6 x s.61J(1)

VG

23y

NPP 15y

AA

17y

NPP 12y

Nil

Involved in offences on 10.8.2000 (see B.Skaf – facts) - principal for one offence – accessory for other offences

Appeal against conviction dismissed – Skaf and Ors [2004] NSW CCA 74.

Original sentence linked to additional, unrelated sexual offences – appeal against conviction for those offences successful – Skaf and Ors [2004] NSW CCA 36 – acquitted on retrial

Issue of parity with Hajeid.

Philopos

(46)

NSW CCA [66]

1.4.2008

2 x 61I

4 x 61L

VG

12y

NPP 8y

AD

Not relevant

Sexually assaulted 16y female patient in hospital – permitted to stay with ill son in adjacent bed – V suffering anxiety and social phobias preventing immediate reporting of attack – opportunistic and exploitative offence over one hour – digital and penile penetration

Spiers

(32)

NSW CCA [107]

23.5.2008

s.90A

s.61J

s.38 (stupefying drug)

 

Sched:

4 offences

PG (25%)

8y

NPP 6y

Crown AA

12y

NPP 9y

Nil

Ten years previously kidnapped 18y female from car park – placed her in boot of her car and drove to isolated area – taped arms, legs, eyes and mouth after forcing her to consume panadeine forte tablets and alcohol – drove to garage and sexually assaulted complainant – forced fellatio and penile/ vaginal penetration twice, once from behind – stole jewellery and other property – drove car to public street and left complainant semi-naked in boot – later stole money – telephoned complainant’s home on several occasions – well planned offence

Long delay

Boney

(25)

NSW CCA [165]

19.8.2008

s.111(2)

s.61

s.195(1)(a)

2 x s.86(1)(b)

s.86(2)(b)

3 x s.61I

2 x s.61J

2 x breach AVO

 

Sched:
7 offences

VG

27y

NPP 20y

AA

15y

NPP 12y

Includes violence

3 separate assaults against ex partner

(1) assaulted complainant at home of father – kicked down locked bathroom door – took complainant to another house and forced intercourse

(2) assaulted complainant, kicking and punching – took complainant to sister’s house – further assault including jumping on head – threatened with knife – forced intercourse twice

(3) forced complainant to sister’s house – forced intercourse – forced intercourse again next day

History of violence against complainant – drug and alcohol abuse - Aboriginal

CM

(15)

NSW CCA [195]

19.8.2008

s.61J

 

Sched:

s.86(2)(b)

PG (not stated)

10y 6m

NPP 6y 6m

AD

Dishonesty, drugs, assault police. On bond.

Accompanied 26y female unit – Bashed V over head and body with piece of wood – Forced sexual intercourse – Detained for some time during which subjected V to further taunts and assaults - Close to worst category of offence.

Troubled background.

Timbery

(23)

NSWDC [340]

Berman SC DCJ

19.9.2008

3 x s.35(1)(a)

s.61I

6 x s.61J

VG

24y

NPP 18y

 

Lengthy record for violence

Attack on de facto partner – hit V with iron bar across forehead – inserted mousse bottle into vagina without consent – stabbed V with chisel, hit her with small bat and forced intercourse – hit V with baseball bat and forced vaginal and anal penetration – assaulted V by punching to head – assaulted V with metal bar then licked vagina, forced fellatio and forced penile penetration – sliced leg with broken plate to prevent V going out – assaulted V with hammer, bat and golf club, placed extension cord around neck and forced intercourse

History of violence – drug and alcohol abuse

Qoro

NSW CCA [220]

26.9.2008

s.61JA

VG

14y

NPP 10y

AD

 

Group of men detained complainant in house and forced multiple acts of sexual intercourse – complainant treated as sexual object – appellant forced fellatio knowing complainant already subjected to multiple sexual assaults

Intellectual disabilities and psychiatric problems

Leddin

(26)

NSW CCA [242]

20.10.2008

s.86(2)

3 x s.61J

 

Sched offences

PG (“one-sixth”)

16y

NPP 12y

AA

Same effective sentence imposed

Extensive – sexual offences – breached parole

Followed female walking home late at night – punched complainant and forced her into school yard – sexual assault over one hour – licked vagina and inserted tongue – penile intercourse – digital penetration – multiple acts of each – anal intercourse –threats to kill complainant and family

Ali

(22)

NSWDC [319]

Berman SC DCJ

14.11.2008

2 x indecent assault

Sexual assault

VG (not stated)

10y 8m

NPP 8y

 

Traffic record only

Taxi driver indecently assaulted and sexually assaulted intoxicated female passenger – touched victim’s breast – touched victim between the legs – penile intercourse despite protests of victim – sexual assault above mid-range

Born in Bangladesh

AA

(16)

NSW CCA [109]

15.4.2009

2 x s.61J

Armed carjacking

s.86(1)(b)

Larceny

PG

13y

NPP 9y

AD

Serious record including sexual assault

Entered car of female V at service station – threatened with knife – forced V to drive to cul-de-sac – Fondled beast and inserted finger in vagina – Forced V into back seat – digital and penile penetration – stole money from wallet – episode lasted 20-30 mins – mid - upper level of seriousness

Aboriginal with difficult childhood – early drug abuse – need to develop insight and empathy

Cole

NSWDC [255]

Berman SC DCJ

21.8.2009

Detain for advantage

s.61J

PG

16y

NPP 12y

 

Serious record including sexual assault offences

Broke into home of recently widowed female and woke up child asking for mother and father – instructed child to lie face down on bed, demanded money, and tied up and blindfolded complainant – forced complainant to perform fellatio by threatening children – stayed at house for several hours – forced complainant to drive him home – well towards upper range – SNPP applies

Remorse – suffering paranoia at time of entering house – drug abuse

Morris

(22)

NSWDC [223]

Phegan DCJ

31.8.2009

AOABH

5 x s.61I

Detain causing ABH

PG

VG

13y 6m

NPP 10y

 

violence

Suspected partner of sexual activity with another man – handcuffed victim to himself throughout night – digital penetration next morning – forced fellatio – forced penile penetration – forced digital penetration again – punched victim in vaginal area – forced victim to wear handcuffs again that night and during next day – punched to unconsciousness – forced fellatio – forced to wear handcuffs again that night – forced to have shower

Stephens

(18)

NSW CCA [93]

5.5.2010

s.86(2)(b)

3 x s.61J

 

Sched:

3 x s.61I

3 other offences

PG (25%)

20y

NPP 14y

18y

NPP 12y

Dishonesty offences

While complainant working at party offender took her car keys and hid in boot of car – as complainant driving home in early hours of morning forced entry into car through rear seat and forced complainant into nearby street – locked car – forced masturbation – repeated penile penetration of anus – digital penetration of anus – repeated penile penetration of vagina – forced fellatio with full weight on complainant – digital penetration inserting full fist – repeated penile penetration of anus - throughout assault spoke in degrading manner ignoring screams of pain – escaped through rear door while offender driving

Offending out of character

Cutrale

(39)

NSW CCA [214]

22.9.2011

s.61I

s.37 (attempt to choke)

PG (25%)

9y

NPP 6y 9m

(concurrent sentences)

Crown AA

11y

NPP 8y 6m

(sentences made partially cumulative)

Not significant

Late at night dragged female into park – squeezed throat and placed hand over nose and mouth – sexually assaulted victim while unconscious

JT

NSW CCA [133]

28.6.2012

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

Van der Baan

(25/26)

NSW CCA [5]

1.8.2012

6 x s.61J

s.97(1)

PG (25%)

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)

NSWCCA [228]

1.11.2012

s.38- administer intoxicating drug with intent

2 x s.61J(1)

VG

16y

NPP 12y

AA

11y

NPP 8y

Offences – no sexual offences

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

Haines

NSWCCA [238]

21.11.2012

s.111(2)

s.86(3)

4 x Rob in Co

5 x s.61J

3 x s.61JA

2 x s.61L

 

Sched:

4 offences

PG

(15%)

25y

NPP 18y

AD

Lengthy – breached parole for agg sexual assault offence ([2004] NSWCCA 294)

Three offenders forced entry into home of five international students – assaulted and threatened occupants and demanded money – co-offender armed with knife – sexually assaulted 21y female occupant in her bedroom over one hour – forced fellatio and vaginal intercourse – second vaginal intercourse conducted while co-offender forced fellatio – left room and later returned to continue assault – degrading and inhuman treatment and comments – refused to use condom when asked – circumstances of aggravation were infliction of ABH - ringleader – high end of mid range

Drug and alcohol addiction – completed sex offender course while previously in gaol – protection of community

Piscitelli
(24)

NSWCCA [8]

4.2.2012

s.112(3)
2 x s.61J
s.61L

PG
(25%)

16y 6m
NPP 11y 6m

AD

Record including minor sexual offences

Broke into home of 83y female at night – forced complainant of toilet into bedroom – attempted penile penetration while complainant on stomach – digital penetration – forced complainant on to back and forced penile penetration – touched breast – bashed complainant’s head against wall several times

Eatts

(34)

[2013] NSWCCA 14

s. 61J

2 x s. 61I

 

Sched:
2 x s 61I
Indecent assault

​PG (not stated)​12y

NPP 9y

​AD​Lengthy.  Robbery, receiving.  Previous custody.SNPP 10 years

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

Weatherall

(31)

[2013] NSWCCA 282

 

Co-offender:
QORO
KING

​2 x s.61JA​VG​15y

NPP 10y

​AD​Prior old rob and wounding offenceSNPP 15 years

Part of group of men who detained and sexually assaulted female drug addict who attended terrace house to purchase drugs – held victim by hair and forced fellatio – offence committed in company – victim forced to fellate second male – vulnerable victim

Aboriginal with deprived background

O'Connor

(30)

[2014] NSWCCA 53

​s.61J

2 x s.37

 

Sched:
7 offences

​VG12y 10m

NPP 9y

Crown AA

14y
NPP 10y 6m

​Extensive – breached bailSNPP 10 years

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 forced penile / vaginal intercourse

Sustained serious brain injury from prison assault after trial

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