This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
There are 5 tables below, covering: pre-1.2.2003; l.2.2003-1.1.2009; s.66A(1) 1.1.2009-29.6.2015; s.66A(2) 1.1.2009-29.6.2015; & post-29.6.2015
s.66A - Sexual Intercourse With Child Under 10
Any person who has sexual intercourse with another person who is under the age of 10 years shall be liable to imprisonment for 20 years.
20 years imprisonment
(section amended 1.2.2003)
33 at sentence
3 x s.66C
Other sentences concurrent
Sexually abused step-daughter aged 10-16y from 1986-1989 – part of wider pattern of sexual abuse
Protective custody – appeal allowed to adjust ratio of sentence
AT 2y 8m
(FT 2y concurrent)
1988 - Showed 8y daughter R-rated video – placed her on his knee and had intercourse – arranged for mother to leave house – pre-mediated offence – not isolated offence
Low intellectual functioning
MT 3y 6m
2 x s.66A
2 x 67
7 x 61E(1A)
All sentences concurrent with carnal knowledge sentence
Sexual abused daughter and another female from 1983-1989 – victims aged 7-13y – cunnilingus, vaginal and anal penetration and digital penetration of vagina
Diagnosed as paedophilia of heterosexual type, anxiety and depression
MT 2y 6m
Long violent history including carnal knowledge
On bond for access to AR and bail for demand money
Single digital penetration of 5y daughter of de facto. Drunk, unreasonable and aggressive, ordering mother to leave house.
Addicted to alcohol. Disturbed background. No attempt made at rehabilitation.
5 x s.61E(1)
Offences committed from 1989-1990 – 6 victims aged 4-12y – approached victims when no adults around – penile penetration of anus of boy aged 6-7y - digital penetration of girl aged 8-9y – some offences committed in presence of other children
Intellectually handicapped – very low intelligence
3 x s.66A
Act of indecency
5 x acts of indecency
Sexually assaulted young children of friends – Well known by victim's families and regarded by victims as uncle – breach of trust – Placed 4y child on lap and rubbed penis against vagina fully clothed – Digital penetration of 5-7y child, 9y child and 5y child – Offences committed over 6 years
Mildly mentally handicapped - Tongan
(70 at time of first offence)
5 x s.66A
7 x Indecent assault
2 x Act of indecency
Nov 1986 – April 1991 – 5 victims – touched vagina of 6y girl and slight digital penetration – sucked 9-12y grandson's penis, induced victim to hold his penis and placed penis between victim's legs – digitally penetrated 8-10y granddaughter – massaged breasts and forced fellatio – touched vagina of 10y girl on outside of underpants – handled penis of 5y grandson
Bizarre reaction after prostate operation – dementia – prior good character and war service – disclosed guilt – evidence of successful treatment
2 x s.61D
12 sexual offences
AT 1y 4m
Offences committed over 1982-1989 on 3 stepdaughters and natural daughter – long term sexual abuse – Digital and penile penetration – one daughter forced to terminate pregnancy – penile penetration on natural daughter commenced when she was 3-4y – use of force
Severe back injury – protective custody
(1993) 72 A Crim R 561
75y digitally penetrated 9y girl while visiting in her home – arranged for brother to play outside - friend of family
Prior good character – poor physical and mental health – impressive war service – extra-curial punishment
4 x s.61E(1A)
2 x s.61E(2A)
(other offences concurrent)
15 x s.61M(2)
Teacher committed offences 1991 –92 on four female students – touching genitalia inside underwear – placed penis against vagina – cunnilingus – encourage on victim to lick penis
Some evidence of remorse and contrition – undertaking therapy
2 x s.61D(1)
3 x s.66C(2)
(FT 18m concurrent)
Sexually assaulted 9y stepdaughter on multiple occasions – forced V to rub penis regularly – oral penetration on at least two occasions – representative counts
Voluntarily ended conduct and arranged counselling
Touched 9y step daughter on vulva – asked v to fellate him – placed her on bed – licked vagina and placed tongue in vagina
Schedule offences committed against younger sister
Forced 11y step daughter to undress and touched and inspected vaginal area to see if she was shaving – admitted digital penetration of victim when she was 5y
Intoxicated at time of later offence
MT 4y 6m
AT 2y 6m
Met complainant's mother at pub and accompanied her home. When mother went out to buy more drink removed 4y girl's nappy and digitally penetrated her causing substantial damage. Blood found on complainant's bed, on carpet leading to bathroom, bathroom wall and toilet. Complainant hospitalised for five days
Alcoholism and health problems
2 x s.61M(2)
Sexually assaulted children of fellow parishioners from church on three separate occasions – Visiting homes of parents of victims – Digitally penetrated 6y girl while attempting to settle her in her own bed – Fondled genitals of 2ygirl while reading book – touched 3y girl on vaginal area outside clothes
Genuine contrition – Disciplined by church – Serious health problems made exceptional circumstances – sentence inadequate but discretion exercised to dismiss appeal
(1997) 42 NSWLR 451
Sexually assaulted 8y daughter on contact visits
Made full admissions – sexually abused as a child – sought counselling
 NSWCCA 15
(concurrent fixed terms)
 NSWCCA 64
9y complainant - Offender half asleep - Child came to offender's bed - No active instigation - Lack of complaint - Unusual case
Intellectually disabled - Serious depression - Serious suicide risk - Unlikely to re-offend
 NSWCCA 302
3 x s.61M(2)
(other sentence concurrent)
 NSWCCA 413
Assaulted 9y daughter of de facto's sister – offences committed on three different occasions - tongue kissing, kissed body and vagina, placed hand on vagina, cunnilingus – breach of trust
Born in Bolivia - difficult childhood – physical and sexual abuse – watched father commit suicide by setting himself alight – undertaken rehabilitation
 NSWCCA 214
 NSWCCA 89
4 x s.66A
5 x s.61M(2)
2 x s.61O(2)
 NSWCCA 66
2 x s.61M(1)
NPP 3y 4m
Sexually assaulted 6y neighbour during one of her frequent visits – placed nozzle of vacuum cleaner on genitals under pants – forced victim to rub his penis – placed penis in vagina
Ill health – father to young child
 NSWCCA 103
NPP 4y 6m
NPP 3y 3m
Sexually abused daughter aged 4-5y over 16m – cunnilingus, indecent touching, placing penis between legs, rubbing, masturbating in presence and attempted forced fellatio
Insufficient weight given to voluntary confession – protective custody
 NSWCCA 416
NPP 3y 6m
(Concurrent fixed terms)
Sexually assaulted 9y niece – penile intercourse - assaulted 11y half brother with hose – victims in appellant effective care and control
 NSWCCA 145
 NSWCCA 210
Licked 5y daughter's vagina and touched rubbed vagina with hands during contact visit – not isolated offences – degree of premeditation in showing pornographic magazines to victim
Voluntary disclosure to police before any complaint made – born with cerebral palsy causing physical disabilities
 NSWCCA 189
 NSWCCA 353
(cumulative on further sentence)
 NSWCCA 123
NPP 4m 29d
Attacked 9y female acquaintance on walk home from school – forced penis in mouth
Aboriginal with deprived childhood – Sexually abused – Early drug abuse – Evidence of rehabilitation
(2004) 148 A Crim R 515
Sexually assaulted 7y male friend staying in bedroom on two occasions – forced fellatio and anal intercourse
Physical handicaps – low risk of re-offending – good detention record
(2005) 152 A Crim R 482
Sentences to be concurrent
Assaulted 9y daughter of neighbour while babysitting for 30mins – licked vagina and anus of victim under swimwear in victim's house
Brain damaged and schizophrenic – convicted of second offence as alternative to second s.66A offence - offer to plead guilty to second offence rejected by Crown
(61 at sentence)
 NSWCCA 327
Agg indecent assault
NPP 2y 6m
Digitally penetrated 8y granddaughter during cuddle in bed – digitally penetrated same victim on a bus when victim 5-6y - touched and massaged 9y male's penis inside and outside clothes on two occasions while victim sleeping in same bed as appellant and wife – squeezed vaginal area outside clothes of male victim's 6y sister while she was staying at appellant's house – serious breach of trust
Serious long-term injuries from work accident
 NSWCCA 345
 NSWCCA 384
Agg ind ass
NPP 7y 6m
NPP 5y 3m
 NSWCCA 392
1986-1988 – regular sexual abuse of step-daughter aged 7-10y – included digital penetration, cunnilingus and anal intercourse – touched step-son aged 4-6y on penis on several occasions
Long delay in reporting conduct to police
 NSWCCA 134
NPP 6y 9m
Sexual offences committed on step daughter aged 9-12y – first offences committed while mother in hospital - indecent touching, digital penetration, attempted penile penetration and forced touching of penis – 6m later entered victim's bed – indecent touching of breasts and digital penetration – 3 years, after confessing offences to wife and minister, touched victims breasts – threats made to keep secret
 NSWCCA 189
3 x s.61O(2)
(30 at sentence)
 NSWCCA 250
NPP 5y 9m
Sexually assaulted 9-12y daughter over three years – touched victim's vagina while she was sleeping in bed with appellant and wife – penile intercourse with victim in her bed – commenced regular intercourse, cunnilingus and occasional fellatio – touched victim on breasts under clothes – breached apprehended violence order entering victim's bedroom and having intercourse
Tragic background with physical, emotional and sexual abuse
(2007) 170 A Crim R 355
3 x Indecent assault on child
2y 9m 14d
NPP 1y 1m 2d
Sexually assaulted 8y brother and 5y sister – penetrated brother's anus with penis – placed penis against sister's anus
Initially granted bond to complete residential program – unable to complete program due to funding – significant deterioration in behaviour – no subsequent sexual misconduct
Significant behavioural problems throughout childhood including autistic type diagnosis
 NSWCCA 263
6 x s.61E(1A) ind ass child under 16y under auth
(34-35 at offences - 54 at sentence)
(2010) 202 A Crim R 209
8 x s.66A
s.61E(2) / 61N
3 x s.61E(1) / 61M(2)
NPP 8y 6m
(70 at sentence)
 NSWCCA 246
NPP 3y 9m
NPP 3y 5m
s.66A - Sexual Intercourse With Child Under 10
1.2.2003 – 1.1.2009
1.2.2003 – 1.1.2009
66A Sexual intercourse—child under 10
Any person who has sexual intercourse with another person who is under the age of 10 years shall be liable to imprisonment for 25 years.
SNPP: 15 years imprisonment
(2004) 150 A Crim R 575
Sexually assaulted 8y niece while caring for complainant and brother – forced fellatio then rubbed erect penis against vagina – Isolated offence – Breach of trust – Opportunistic – Below mid-range objective seriousness
Good prospects of rehabilitation
(13 / 14)
(2005) 153 A Crim R 164
2 x s.66A
NPP 7m 14d
Young boy sexually assaulted 8y step-sister on several occasions – anal and vaginal penetration – deliberate acts of sexual abuse – appellant understood actions wrong and took steps to conceal
Remorse – difficult childhood
(2006) 164 A Crim R 93
 NSWCCA 183
Penile intercourse with 9y daughter on camping trip – in presence of young children – significant breach of trust – Mid range objective seriousness.
Protective custody – health problems – reasonable prospects of rehabilitation
 NSWCCA 236
6 x s.66A
Offences committed on three infant children over 5 years – appellant's son and daughter and neighbour's child – sexual intercourse offences involved licking daughter's vagina in bath and daughter biting appellant's penis – also masturbated in front of son and neighbour's daughter on separate occasions and rubbed penis on daughter's vagina in bath
Good prospects of rehabilitation – full confession to unknown offences
(2008) 187 A Crim R 152
2 x Possess child pornography
Offences committed on daughter of female neighbour aged 6-7y over seven months - cunnilingus and penile intercourse – breach of trust – all offences less than mid range seriousness
Prior good character
 NSWDC 138
Finnane QC DCJ
(2008) 185 A Crim R 178
 NSWCCA 89
SNPP 15 years
Sexual assaulted daughter aged 8 –9y over seven months – penile penetration of genitalia held to be in mid range objective seriousness – Digital penetration held to be less than mid range.
Prior good character.
[Second Appeal brought pursuant to s 78 Crimes (Appeal and Review) Act 2001 – following judgment in Muldrock (2011) 244 CLR 120.]
 NSWCCA 12
NPP 5y 6m
Sexually assaulted 6y girl sleeping in room with other children at family NYE party – did not know victim before party – cunnilingus and digital penetration
Remorse – good prospects of rehabilitation
 NSWCCA 117
Act of indecency; Steal from dwelling; Attempt take motor vehicle
Broke into home to take car keys in order to steal motor vehicle – Digital penetration of 4y girl sleeping in room – intoxicated at time.
Only slightly below mid-range in objective seriousness.
 NSWCCA 254
NPP 6y 2m
Three friends of A's young daughter playing at A's house - Forced 13 year old victim to fellate A in the presence of one of the other children.
Significantly below mid range objective seriousness.
Review of other authorities involving s.66A.
 NSWCCA 47
Befriended family of 5y boy in caravan park – when boy alone in TV room took him into bush and performed fellatio – well above mid-range
 NSWCCA 90
12y 87m 28d
NPP 8y 3m13d
Anal intercourse with 6y daughter – mid range – spontaneous offence
 NSWCCA 106
(2011) 244 CLR 120
 NSWCCA 108
(residential condition of parole)
NPP 6y 8m
Matter remitted to CCA for resentence
Re-sentenced by NSWCCA:
(prisoner released immediately).
9y male victim and mother living in flat attached to house where offender resided – took child to lake and touched backside and area around penis while swimming – upon leaving lake forced child to ground and sucked penis
Significantly intellectually disabled
Residential condition of parole – to reside and undertake rehabilitation for intellectually disable sex offenders
 NSWCCA 88
 NSWCCA 123
To adjust two sentences – same total sentence
Sexual offences against 8y and 9y females over two days – friend of family staying with older victim and babysitting girls – digital penetration, licking breasts, tongue in vagina, indecent assault with penis, attempted fellatio, fellatio, penile/vaginal penetration - breach of trust – all offences committed in presence of other victim – not isolated incidents – degree of planning
(54) at sentence
 NSWCCA 50
Sexually assaulted daughter aged 7-10y during access visits – placed tongue in victim's mouth during a kiss – digital penetration of anus – indecent rubbed of bottom and vagina – encouraged victim to touch penis and testicles – s.66A offence below mid range seriousness
 NSWCCA 17
2 x agg ind assault
(45% on appeal – plea and assist)
NPP 6y 3m
(12m and 6m concurrent)
Sexually assaulted 8y half brother over several months – fellatio and forced fellatio – took photographs of victim - level 1, 2 and 3 images on COPINE scale – found in possession of 7 images of child pornography received via e-mail – level one images
Subjected to bullying at school – confusion as to sexual orientation – assistance to authorities – good gaol conduct
 NSWCCA 246
8y 10m 15d
Step-grandfather sexually assaulted two step-granddaughters while babysitting – put hands down shirt and squeezed breasts of 10y – digitally penetrated 7y who was sitting on his lap
Voluntary admissions to police – remorse – good prospects of rehabilitation
 NSWCCA 262
(2008) Took 6y male complainant to shops – stopped in secluded area, sucked complainants penis and penetrated anus – complainant and family staying with friends of accused - Opportunistic offence – no violence – one continuous act
 NSWCCA 139
7 x s.61M(2)
Grandfather sexually abused twin granddaughters aged 5-8 years from 2005-2008 – rubbed vagina both under and over underpants – kissed vagina – indecent assaults at bottom of mid-range – sexual intercourse at bottom of range – gross breach of trust
Genuine remorse - some degree of cognitive deficit
 NSWCCA 255
 NSWCCA 4
1y 6m suspended
4y 6m GBB
Sincere remorse – excellent prospects of rehabilitation
 NSWCCA 150
 NSWCCA 285
NPP 4y 3m
Good character – family support – excellent prospects rehabilitation – low risk reoffending.
CCA - Comparative cases referred to - two offences though constituting a single episode, nonetheless involved separate sexual assaults – concurrent sentences inappropriate.
s.66A(1) - Sexual Intercourse With Child Under 10
1.1.2009 – 29.6.2015
1.1.2009 – 28.6.2015
(1) Child under 10 Any person who has sexual intercourse with another person who is under the age of 10 years is guilty of an offence.
Maximum penalty: imprisonment for 25 years.
 NSWCCA 20
Cognitive and intellectual disabilities – alcohol and drug abuse – special circumstances.
 NSWCCA 220
NPP 9y 9m
NPP 7y 8m
NPP 8y 5m
 NSWCCA 215
2 x s.66A(1)
(40 at sentence – 28 at time of offence)
 NSWCCA 103
NPP 1y 8m
Below mid-range but not at lower end.
Good character – supportive family.
 NSWCCA 145
2 x s.66A(2)
NPP 4y 2m
Child abuse material located on A's electronic devices and computer hardware.
 NSWCCA 12
2 x s. 66B
No expressed remorse or responsibility
CCA – offences occurred on the one day, in one location with one victim - A had on one occasion squeezed V's bottom - had not engaged in repeated abuse of V over sustained period.
Reference to comparable cases.
s.66A(2) - Sexual Intercourse With Child Under 10
1.1.2009 – 29.6.2015
(2) Any person who has sexual intercourse with another person who is under the age of 10 years in circumstances of aggravation is guilty of an offence.
Maximum penalty: imprisonment for life.
SNPP 15 years imprisonment
 NSWCCA 112
s.474.17 (Cth Code)
Same effective sentence imposed
Sexually assaulted 9y son over 'substantial period' – touched child's penis then sucked it – one different occasion son sucked offender's penis for short time – representative counts
Pictures of young female child being sexually assaulted on computer – sent recordings of masturbating self or wife while communicating with male over internet – recorded wife sucking victim's penis for web cam
Breach of trust – no violence or threats
 NSWCCA 263
Sexually assaulted 13 month old baby – digital penetration of vagina – resulted in bleeding – sutures required.
Dysfunctional upbringing- rehabilitation.
 NSWCCA 280
NPP 6y 6m
NPP 5y 10m
Sexually assaulted 7 year old daughter – rubbed vaginal area and cunnilingus.
CCA - Assistance to authorities discount allowed bases on A's report to police that he was a victim of child sexual abuse by his own grandfather.
Dysfunctional upbringing – otherwise employed and held in good stead by employer.
 NSWCCA 96
Circumstance of aggravation – stepfather – forced penile penetration of 9y step daughter while wife in hospital – not isolated offence
Sexually abused as a child – low intelligence – genuine remorse
 NSWCCA 11
2 x s.43A
Att pervert course of justice
NPP 9y 6m
Moved in with mother of 3y female victim and assumed parental care and responsibility – failure as parent to provide necessaries of life causing danger of serious injury - 3y victim and 1y brother in bedrooms filled with dangerous equipment and furniture – frequently locked in rooms unsupervised – wrote letter to mother of children asking her to give false account – washed 3y victim with garden hose when she dirtied pants – on one occasion pushed hose nozzle into victim's vagina causing injury – cruel – no grooming – no sexual desire
 NSWCCA 48
2 x s. 66A(2)
s. 66B (Attempt s/i)
Assaulted 8 year old girl – three offences on one night - staying in same house – dragged V way from house – assaulted V in bushes – threats that he would kill V if V told anyone – attempted penile-vaginal penetration – digital penetration – forced V to perform oral sex – planned offences.
Not within worst category but significantly above mid-range.
Dysfunctional upbringing – alcohol and drugs – Aboriginal – uncertain rehabilitation – no remorse.
Avoid crushing sentence.
 NSWCCA 76
2 x 66M(2)
NPP 15y 9m
NPP 12y 7m
NPP 13y 4m
Approached V (aged 6) while sitting in her front yard – grabbed V and placed her in motor vehicle – took V to first location where placed V's hands on penis – at second location attempted penile-vaginal penetration, forced V to perform fellatio, rubbed penis on V's bottom – took V back to area near her home and told her she could walk home – offence took place over 1 1/2 hours.
Uncharacteristic aberration – disturbed psychology – depressive and psychosexual disorder - supportive family – unlikely to reoffend.
Sentence imposed for s 66A offence manifestly excessive.
 NSWCCA 252
V aged 5 years – A was friend of V's father – offence took place on fishing trip – digital penetration.
 NSWCCA 56
3 x s.66A(2) - under authority
1 x s.61M(2)
1 x s.91H(2)
NPP 5y 4m
V female aged 8 - cunnilingus and digital penetration – showed V pornographic videos - A was formerly the husband of V's stepmother who had remarried and lived with her new husband and children – A on good terms with his former wife - A often came to stay and looked after V and her brother.
Calculated conduct – grooming of V – V trusted A as like a member of the family.
 NSWCCA 148
4 x s.61M(2)
Sexually assaulted 6y daughter of de facto over 20mins while she was under his authority at home – kissed complainant three times on lips – asked complainant to lick / kiss penis and bottom but complainant refused – licked and kissed complainant near vagina (cunnilingus – s.66A) and on bottom
Suffers from physical and psychological conditions
 NSWCCA 155
Offences against daughter – offences committed 7 years apart – had separated from wife during that time – 1st offence victim aged 2 offender rubbed V's clitoris – 2nd offence V aged 9 offender rubbed penis outside V's vagina.
Position of trust.
Remorse – assistance to authorities.
 NSWCCA 21
Licked vagina of 2 year old granddaughter while changing her nappy – admitted offence when spoken to by police - no explanation for commission of offence - unplanned, no sexual motivation, constituted a one-off and brief aberration.
Adjustment disorder with depressed mood or mild dementia – good character.
"Unique and unusual" case.
 NSWCCA 37
NPP 7y 3m
Sexually assaulted 8y daughter one day in bathroom – forced V to perform fellatio twice and rubbed penis between buttocks – caught by wife – immediate confession – confessed to similar offences on earlier occasion
Low intelligence – sentence judge failed to give effect to finding of special circumstances
 NSWCCA 51
victim female aged 9-10 - child of the A's de facto partner – fellatio: placed penis in V's mouth for short time – confessed immediately when V told her mother – offences took place over 14month period
 NSWCCA 267
2 x s 91H(2)
Female – mother of victim – victim was A's own female baby aged 6 weeks old – cunnilingus – performed at request of cooffender who was the father of the child - act performed not for any sexual gratification on part of A but for co-offender's gratification.
Intellectually disabled – good character.
Babysitting V, boy aged 6 years old - oral sex on victim's penis - digitally penetrating V's anus - A masturbating and bringing his penis into contact with V's bottom (s 61M(2)) - A recorded each of these acts on his iPad – 479 child pornography images found on computer and devices – Victim diagnosed Autism spectrum disorder, vulnerable – abuse of position of trust.
Difficult background – abused as a child.
(1) Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.
SNPP: 15 years imprisonment