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 Intercourse with Child under 10 - s.66A

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

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s.66A - Sexual Intercourse With Child Under  10

Pre1.2.2003

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)

Name & ageOffencePleaSentenceAppealRecordFacts

Bamford

33 at sentence

NSWCCA 23.7.1991

s.66A

 

3 x s.66C

Att s.66C

PG

s.66A

MT 9y

AT 3y

Other sentences concurrent

AA

MT 7y

AT 5y

No previous gaol

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

Tucker

NSWCCA

13.4.1992

s.66A

 

s.61E(1A)

VG

PG

MT 8y

AT 2y 8m

(FT 2y concurrent)

ADPriors

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

Dunn

(17)

NSWCCA

15.4.1992

s.66AVG

MT 3y 6m

AT 14m

AA

MT 18m

AT 6m

Not statedFemale became angry with 3m child while bathing her – inserted fingers in anus – no sexual gratification – under influence of heroin

RKB

NSWCCA

30.6.1992

2 x s.66A

 

2 x 67

7 x 61E(1A)

s.66C

PG

FT 4y

 

All sentences concurrent with carnal knowledge sentence

 

Total:

MT 5y

AT 18m

AD

 

 

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

KSF

(30)

NSWCCA

10.9.1992

s.66APG  (during trial)

MT 2y 6m

AT 10m

Crown AA

MT 3y 6m

AT 18m

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.

Marr

NSWCCA

4.3.1993

2 x s.66A

 

5 x s.61E(1)

PG

MT 8y

AT 2y

AA

MT 6y

AT 4y

Record consistent with long term alcohol abuse

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

Latu

(57)

NSWCCA

6.7.1993

3 x s.66A

 

Act of indecency

 

Sched:

5 x acts of indecency

PG

MT 6y

AT 2y

(concurrent sentences)

ADNil

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

DCM

(70 at time of first offence)

NSWCCA

26.10.1993

5 x s.66A

 

7 x Indecent assault

s.61M(1)

Homosexual intercourse

2 x Act of indecency

PG

3y GBB

300h CSO

Crown ADNil

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

Skinner

NSWCCA

28.10.1993

s.66A

 

2 x s.61D

s.61E(1)

 

Sched:

12 sexual offences

PG

MT 4y

AT 1y 4m

Crown AA

MT 7y

AT 3y

Not significant

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

Allpass

(1993) 72 A Crim R 561

s.66APG5y GBBCrown ADNil

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

Page

(60)

NSWCCA

25.2.1994

2 x s.66A

 

4 x s.61E(1A)

s.61E(2A)

PG

MT 3y

AT 1y

ADNilOffences committed 1988-1990 – committed on two sisters youngest aged 8y – close friend of family – touching and masturbating in front of victim – forced second victim to watch pornographic video, use vibrator and submit to cunnilingus

Bryant

NSWCCA

27.6.1994

s.66A

 

2 x s.61E(2A)

s.61E(1A)

VG

MT 3y

AT 1y

(other offences concurrent)

Conviction AD – no submissions on sentence Stepfather sexual abused 7-9 victim – had sexual intercourse with mother in presence of child – cunnilingus – forced manipulation of penis – paid to expose genital while offender masturbated

KBW

NSWCCA

26.8.1994

s.66A

 

s.61O(1)

15 x s.61M(2)

 

Sched:

2 offences

PG

MT 6y

AT 4y

ADNil

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

Drayton

NSWCCA

12.10.1994

2 x s.66A

 

s.61E(1)

2 x s.61D(1)

3 x s.66C(2)

PG

MT 6y

AT 2y

AA

MT 5y

AT 3y

 Offences committed 1983-1990 – de facto's daughters – touching of penis and digital penetration

Brackenrig

(36)

NSWCCA

25.7.1995

s.66A

 

s.61O(2)

PG

MT 3y

AT 2y

(FT 18m concurrent)

AD 

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

Boyd

NSWCCA

25.7.1995

s.66AVG

MT 3y

AT 2y

Conviction AD Forced 4y son to bend over bed and had anal intercourse for 25 minutes.

DJMCC

NSWCCA

28.11.1995

s.66A

 

s.61E(1A)

 

Sched:

2 x s.66A

s.66C

VG

MT 6y

AT 2y

(FT 2y concurrent)

AD 

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

Balenaivalu

NSWCCA

19.2.1996

s.66A

 

s.61M(1)

PG

FT 1y

MT 18m

AT 18m

(concurrent)

ADNil significant

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

Brooker

(middle age)

NSWCCA

21.2.1996

s.66APG

MT 3y

AT 2y

Crown AA

MT 4y 6m

AT 2y 6m

lengthy including sexual offences on children

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

L

(57)

NSWCCA

17.6.1996

s.66A

 

2 x s.61M(2)

VG

PG

5y GBBCrown ADNil

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

G

(1997) 42 NSWLR 451

2 x s.66AVG

MT 2y

AT 8m

Conviction AD Daughter of de facto. On two occasions, 13m apart, awoke to in double bed – penis placed in mouth – threats

BJH

NSWCCA

23.11.1998

s.66A

 

s.61M(2)

PG

MT 2y 6m

AT 2y 6m

 

(concurrent sentence)

ADMinor

Sexually assaulted 8y daughter on contact visits

Made full admissions – sexually abused as a child – sought counselling

Davis

[1999] NSWCCA 15

s.66A

 

s.61M(2)

s.61O(s)

VG

MT 6y

AT 2y

 

(concurrent fixed terms)

AD 1996 - Assaulted 9y step-daughter of friend and neighbour staying overnight in care of appellant – touched breasts inside shirt while driving –vaginal intercourse while watching TV in bedroom – asked victim to touch his penis

Morrow

(26)

[1999] NSWCCA 64

s.66APG5y GBBCrown ADdriving offence

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

Rapley

(early 60s)

[1999] NSWCCA 302

2 x s.66A

 

3 x s.61M(2)

PG5y GBB

Crown AA

MT 18m

AT 6m

(other sentence concurrent)

Nil recordSexually abused 8y granddaughter over 6 months – made full disclosure

Mendoza-Torrico

(35)

[1999] NSWCCA 413

s.66A

 

2 x s.61M(2)

PG

MT 2y

AT 2y

 

(concurrent fixed terms)

ADnil

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

Lawson

(40)

[2000] NSWCCA 214

s.66AVG

MT 3y

AT 3y

Conviction AD Friend of 8y victim's mother – while collecting clothes from victim's house while mother in hospital forced anal intercourse causing injury

Campbell

[2001] NSWCCA 89

4 x s.66A

 

5 x s.61M(2)

2 x s.61O(2)

PG

MT 4y

AT 3y

 

(concurrent fixed terms)

AA

5y

NPP 3y

 Offences committed over 5 days while babysitting 4y granddaughter – played licking games where appellant licked victim's vulva, fondled genitals through underpants and forced victim to fondle his penis

M

[2002] NSWCCA 66

s.66A

 

2 x s.61M(1)

VG

6y

NPP 3y 4m

 

(concurrent fixed terms)

ADminor

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

CDH

[2002] NSWCCA 103

s.66A

 

s.66B

2 x s.61M(1)

 

Sched:

s.61M(1)

PG

(30%)

6y

NPP 4y 6m

 

(concurrent fixed terms)

AA

5y

NPP 3y 3m

Nil relevant

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

O.O.

[2002] NSWCCA 416

s.66A

 

AOABH

Assault

PG

6y

NPP 3y 6m

 

(Concurrent fixed terms)

AD 

Sexually assaulted 9y niece – penile intercourse - assaulted 11y half brother with hose – victims in appellant effective care and control

Suffering schizophrenia

Mills

[2003] NSWCCA 145

s.66A

 

3 x s.61M(2)

VG

5y

NPP 3y

 

(concurrent fixed terms)

Conviction AD Sexually assaulted 6-8y daughter of wife – touched victim on vagina in bathroom – touched victim on vagina while she was sleeping at his place after separation from wife – digital penetration on separate occasion – touched victim on vagina over underwear on third occasion – threats made to keep secret

GLB

(37)

[2003] NSWCCA 210

3 x s.66A

 

s.61M(2)

PG

(25%)

4y

NPP 2y

 

(concurrent fixed terms)

ADNil

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

ART

(17)

[2003] NSWCCA 189

s.66A

 

Sched:

s.66A

PG

(25%)

2y

NPP 9m

ADnilSexual intercourse with 5y step-sister and her friend

Smith

[2003] NSWCCA 353

 

3 x s.66A

 

2 x s.61M(2)

PG

(15%)

Total:

11y

NPP 8y

(cumulative on further sentence)

AD Assaults committed upon stepdaughter aged 8-9 years old – Forced victim to perform fellatio.

KBM

(13)

[2004] NSWCCA 123

s.66A

PG

(25%)

3y

NPP 12m

(detention)

AA

3y

NPP 4m 29d

(immediate release)

 

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

KLH

(13)

(2004) 148 A Crim R 515

NSWCCA

3 x s.66AVG

5y 6m

NPP 3y

AA

2y

NPP 1y

Nil

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

GWM

(39)

(2005) 152 A Crim R 482

NSWCCA

a.66A

 

s.61M(2)

VG

6y 6m

NPP 4y

 

Total:

7y 6m

NPP 5y

AA

Sentences to be concurrent

 

Total:

6y 6m

NPP 4y

Extensive record but no sexual offences

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

O

(61 at sentence)

[2005] NSWCCA 327

s.66A

 

2 x s.61M(2)

s.66A

 

Sched:

Agg indecent assault

VG

 

PG

3y

NPP 1y

 

2y 9m

NPP 1y

 

Total:

4y

NPP 2y

Crown AA

5y

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

J.T.A.C.

(13)

[2005] NSWCCA 345

2 x s.66A

 

2 x s.61M(2)

PG

(25%)

2y 6m

NPP 9m

 

(concurrent fixed terms)

AD Sexually assaulted 5y half-sister and 7y half brother – 2 acts of fellatio – rubbed penis against victim's bottom and vagina

Davies

(22)

[2005] NSWCCA 384

s.66A

 

Sched:

Agg ind ass

PG

(30%)

10y

NPP 7y 6m

AA

7y

NPP 5y 3m

NilAssaulted partner's 7y daughter – well above mid range but no penile penetration – 2 separate incidents – no explanation for offences

EGC

[2005] NSWCCA 392

3 x s.66A

 

s.61E(1A)

 

Sched:

s.61E(1A)

PG

(25%)

5y

NPP 3y 3m

 

Total:

7y

NPP 5y 3m

AA

5y

NPP 2y

 

Total:

7y

NPP 4y

Nil relevant

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

Fina'i

(33)

[2006] NSWCCA 134

2 x s.66A

 

s.66B

3 x s.61M(2)

s.61M(1)

PG

(15-20%)

FT 4y

 

Total:

9y

NPP 7y

AA

9y

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

Samoan

KJH

(40)

[2006] NSWCCA 189

2 x s.66A

 

3 x s.61O(2)

2 x s.61M(2)

VG

10y

NPP 6y

 

Total:

12y

NPP 8y

AA

8y

NPP 4y

 

Total:

10y

NPP 6y

MinorSexually assaulted 8y daughter during contact visits at appellant's house – cunnilingus - asked victim to lick penis – indecent licking over body – masturbated on front of victim – breach of trust

JAH

(30 at sentence)

[2006] NSWCCA 250

s.66A

 

s.66C(1)

s.61M(2)

 

Sched:

s.61M(2)

PG

(25%)

10y

NPP 7y

 

Total:

11y

NPP 8y

AA

7y 6m

NPP 5y

 

Total:

8y 3m

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

AEL

(12-13)

(2007) 170 A Crim R 355

NSWCCA

s.66A

 

Sched:

3 x Indecent assault on child

PG

5y

NPP 18m

AA

2y 9m 14d

NPP 1y 1m 2d

(immed release)

 

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

Dousha

(late 20s)

[2008] NSWCCA 263

s.66A

 

6 x s.61E(1A) ind ass child under 16y under auth

s.66C(2)

PG

(15%)

6y 6m

NPP 3y

 

Total:

10y 6m

NPP 7y

AA

6y 6m

NPP 1y

 

Total:

10y 6m

NPP 5y

Nil1986-1989 – Lived in same residential unit as sisters – arranged to look after the victims after school and in holidays – victims aged 5-10y – various indecent touching – digital penetration of each girl on different occasions – planned and deliberate course of conduct

RWB

(34-35 at offences - 54 at sentence)

(2010) 202 A Crim R 209

NSWCCA

8 x s.66A

 

s.61E(2) / 61N

3 x s.61E(1) / 61M(2)

VG

7y 6m

NPP 5y

 

(concurrent fixed terms)

Crown AA

Sentences restructured

 

Total:

11y 4m

NPP 8y 6m

minor1990-1991 - Sexually assaulted niece aged 6-7y on nine separate occasions – digital penetration of anus and vagina, penile penetration of vagina, indecent touching, forced kissing of penis – detained victim in locked bedroom during one assault

Simpson

(70 at sentence)

[2012] NSWCCA 246

s.66A

 

s.61M(2)

s.61O(2)

PG

(25%)

6y

NPP 3y

 

Total:

6y 9m

NPP 3y 9m

AA

4y 4m

NPP 3y

 

Total:

4y 9m

NPP 3y 5m

Minor sexual offences(1997-1998) Close family friends – 8-9y complainant frequently stayed overnight with offender and wife – watched porn video and played with penis in presence of complainant – placed complainant's hand over unexposed penis – forced fellatio causing complainant to gag – not isolated offences – escalating seriousness – stopped offense when asked

 

 

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 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 

NameOffencePleaSentenceAppealRecordFacts

AJP

(22)

(2004) 150 A Crim R 575

NSWCCA

s.66A

 

Sched:

s.61M(2)

PG

(25%)

3y

NPP 18m

Crown AA

5y

NPP 2y 6m

Nil

SNPP 15 years

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

JDB

(13 / 14)

(2005) 153 A Crim R 164

NSWCCA

4 x s.66A

 

Sched:

2 x s.66A

PG

(25%)

3y

NPP 12m

(Detention)

AA

3y

NPP 7m 14d

 

SNPP 15 years

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

MLP

(39)

(2006) 164 A Crim R 93

NSWCCA

 

[2014] NSWCCA 183

s.66AVG

16y

NPP 12y

AA

16y

NPP 11y

 

 

 

AD

(Muldrock)

Minor
SNPP 15 years

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

DBW

[2007] NSWCCA 236

2 x s.66A

 

2 x s.61O(2)

s.61M(2)

 

Sched:

6 x s.66A

s.61M(2)

2 x s.61O(2)

PG

 

6y

NPP 3y

 

Total:

6y 6m

NPP 3y 6m

AD 
SNPP 15 years

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

PGM

(2008) 187 A Crim R 152

NSWCCA

3 x s.66A

 

3 x s.61M(2)

 

Sched:

2 x Possess child pornography

VG

7y

NPP 4y

 

Total:

7y

NPP 4y 6m

Crown AA

9y

NPP 6y

 

Total:

9y 6m

NPP 7y 6m

Nil significant
SNPP 15 years

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

RJA

(30)

 

(RA)

[2006] NSWDC 138

Finnane QC DCJ

 

(2008) 185 A Crim R 178

NSWCCA

 

[2014] NSWCCA 89

3 x s.66AVG

21y

NPP 16y

AA

17y

NPP 13y

 

 

 

 

 

 

 

 

 

AA

15y

NPP 11y

Nil

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.]

Kite

[2009] NSWCCA 12

2 x s.66A

PG

(25%)

8y 10m

NPP 5y 6m

AA

8y

NPP 5y

Minor

SNPP 15 years

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

King

[2009] NSWCCA 117

s. 66A

 

Sched:

Act of indecency; Steal from dwelling; Attempt take motor vehicle

PG

(25%)

2y suspended sentence

Crown AA

7y

NPP 4y 6m

BE&S, malicious damage, driving.  Subject to suspended sentence at time of offence.

SNPP 15 years

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.

Alcohol addiction.

 

Eedens

(71)

[2009] NSWCCA 254

s.66A

 

Sched:

s.66A

s.66C(1)

PG

(25%)

12y

NPP 9y

AA

8y 3m

NPP 6y 2m

Sexual assault (15y old girl); Assault female

SNPP 15 years

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.

Allen

(45)

[2010] NSWCCA 47

2 x s.66A

 

s.86(1)

PG

(25%)

16y

NPP 12y

AA to reduce sentence for kidnapping – overall sentence unchangedChild sexual offences
SNPP 15y

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

Alcohol abuse

AWKO

(33)

[2010] NSWCCA 90

s.66A

 

Breach AVO

PG

(25%)

12y 87m 28d

NPP 8y 3m13d

ADNil priors
SNPP 15y

Anal intercourse with 6y daughter – mid range – spontaneous offence

Good prospects of rehabilitation

Muldrock

(30)

[2010] NSWCCA 106

 

(2011) 244 CLR 120

HCA

 

 

[2012] NSWCCA 108

s.66A

 

s.61M(1)

PG

(25%)

9y

NPP 96

(residential condition of parole)

AD

Crown AA

9y

NPP 6y 8m

 

AA

Matter remitted to CCA for resentence

 

Re-sentenced by NSWCCA:

3y

NPP 1y

(prisoner released immediately).

Similar prior offence
SNPP 15y

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

Ingham

[2011] NSWCCA 88

 

[2014] NSWCCA 123

8 x s.66A

 

2 x s.61M(2)

s.66B

VG

22y

NPP 17y

AA

To adjust two sentences – same total sentence

 

AA

17y

NPP 13y

Prior record
SNPP 15y

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

Muldrock appeal

HJWG

(54) at sentence

[2011] NSWCCA 50

s.66A

 

s.61M(2)

2 x s.61M(1)

PG

(25%)

9y

NPP 6y

 

Total:

11y

NPP 8y

AD 
SNPP 15y

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

AAT

(22)

[2011] NSWCCA 17

3 x s.66A

 

s.91H(2)

s.474.19(1)(a)

 

Sched:

2 x agg ind assault

PG

(45% on appeal – plea and assist)

8y 6m

NPP 6y 3m

 

(12m and 6m concurrent)

AA

7y 6m

NPP 5y 6m

 
SNPP 15y

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

NLR

(70)

[2011] NSWCCA 246

2 x s.66A

 

s.61M(1)

 

Sched:

s.61M(1)

PG

(25%)

Total:

8y 10m 15d

NPP 5y

ADNil significant
SNPP 15y

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

Jones

(20)

[2012] NSWCCA 262

2 x s.66AVG

15y

NPP 11y

AA

12y

NPP 8y

Nil
SNPP 15y

(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

FD

(70)

[2013] NSWCCA 139

2 x s.66A

 

7 x s.61M(2)

 

Sched:

4 offences

PG

(35%)

66A:

2y

3y 2m

 

Total

8y

NPP 4y

ADNil
SNPP 15y

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

SW

(57)

[2013] NSWCCA 255

s.66A

PG

(15%)

7y 7m

NPP 5y

AD 
SNPP 15y
V aged 5-6 years – offence took place between Jan 2007-Feb 2009 – A was friend of V's family – looked after V often – when V in bath inserted rectal syringe in V's anus.

MLP

[2014] NSWCCA 183

1 x s 66AVG

16y

NPP 12y

AD 
SNPP 15y
2003 - Offence committed against 9 yr old daughter – in presence of A's other children –occurred during time A had access to V - short duration but tore V's hymen – abuse of trust – isolated offence

'Muldrock' appeal.

RM

(13-17)

[2015] NSWCCA 4

s.66A

 

s.66B

2 x s.61M(2)

3 x s.61O(2)

PG

(25%?)

Agg Sentence

2y suspended

Crown AA

1y 6m suspended

 

7m suspended

4y 6m GBB

 
2001-2004 - Sexually abused 5-8y male neighbour over several years – some offences representative – offending escalated from fondling, masturbation, oral sex to one attempt at penile / anal intercourse

Sincere remorse – excellent prospects of rehabilitation

GP

[2016] NSWCCA 150

2 x s.66AVG

16y

NPP 10y

AD 
SNPP 15y
2006-2007 – V aged 3-4 years old at time of offences – niece –  vaginal penile and digital penetration.

Egan

(21)

[2016] NSWCCA 285

2 x s.66A

PG

(25%)

Each:

3y

NPP 18y

concurrent

Crown AA

Each:

5y 3m

NPP 3y 9m

Part cumulative

 

Total:

5y 9m

NPP 4y 3m

 
SNPP 15y
2003  – Male V aged 9 years old – friend of family – A performed fellatio upon V – forced V to perform fellatio upon A – showed V pornographic movie prior to offences show some limited planning – offences of short duration  - limited force involved and no threats.

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

66A Sexual intercourse—child under 10

(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.

NAMEOFFENCEPLEASENTENCEAPPEALRECORDFACTS

PS

(40)

[2015] NSWCCA 20

s.66A(1)

 

Sched:

2 offences

PG

(35%)

6y 6m

NPP 3y 6m

ADnil
SNPP 15y
Licked vagina of 6 year old niece – confessed to V's mother .

Cognitive and intellectual disabilities – alcohol and drug abuse – special circumstances.

KB

(52)

[2015] NSWCCA 220

s.66A(1)

3 x s.61M(2)

PG

(15%)

14y

NPP 9y

 

14y 9m

NPP 9y 9m

AA

11y

NPP 7y 8m

 

11y 9m

NPP 8y 5m

 
SNPP 15y
Farmhand sexually abused 8y daughter of employer – touched vagina, buttocks and chest – partial penile penetration – abuse of trust – predatory nature of offences – implicit threat – element of planning
Depression

RP

(11-12)

[2015] NSWCCA 215

2 x s.66A(1)

 

VG

2y 3m

NPP 11m

ADAlready sentenced for similar offences against siblings
(2004-2007) Sexually assaulted younger half-brother – anal intercourse – mid-range – only issue at trial was doli incapax

Low intelligence

ND

(40 at sentence – 28 at time of offence)

[2016] NSWCCA 103

s.66AVG

2y 6m

NPP 1y 8m

Crown AA

6y

NPP 4y

 
SNPP 15y
Digital vaginal penetration of 5 year old niece in 2004 – isolated opportunistic offence.

Below mid-range but not at lower end.

Good character – supportive family.

Scavera

[2016] NSWCCA 145

2 x s.66A(2)

s.61M(2)

s.91H(2)

PG

(25%)

6y 6m

NPP 4y 2m

Crown AA

10y

NPP 7y

 
SNPP 15y
Victim 6 year old boy who A was babysitting in V's own home – A performed oral sex on V and digitally penetrated V's anus – recorded acts on ipad - V autistic.

Child abuse material located on A's electronic devices and computer hardware.

TO

[2017] NSWCCA 12

s.66A(2)

2 x s. 66B

VG

16y

NPP 12y

AA

12y

NPP 9y

Petty crime only.
SNPP 15y
2012 – V was 9 year old daughter of A's ex-partner - whilst V in shower, A inserted his penis into V's anus (count 1) and attempted to put his penis into V's mouth (count 2) - later on same day A pulled V's pants down and tried to have vaginal intercourse (count 3).

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

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

NameOffencePleaSentenceAppealRecordFacts

JRM

(late 50s)

[2012] NSWCCA 112

2 x s.66A(2)

 

s.91H(1)

s.474.17 (Cth Code)

s.91G

 

Sched:

2 x s.61O(2)

s.61M(2)

PG

(25%)

10y

NPP 7y

 

Total:

12y

NPP 9y

AA

Same effective sentence imposed

Nil

SNPP 15y

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

PK

(18)

[2012] NSWCCA 263

s.66A(2)

PG

(25%)

13y

NPP 8y

AA

12y

NPP 6y

 

SNPP 15y

Sexually assaulted 13 month old baby – digital penetration of vagina – resulted in bleeding – sutures required.

Dysfunctional upbringing- rehabilitation.

RJT

(38)

[2012] NSWCCA 280

s.66A

 

s.66A(2)

PG

(10%)

10y

NPP 6y 6m

AA

9y

NPP 5y 10m

 

SNPP 15y

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.

GN

(40)

[2012] NSWCCA 96

s.66A(2)

PG

(25%)

10y 8m

NPP 8y

AA

9y

NPP 6y

Child sexual offences

SNPP 15y

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

Essex

(30)

[2013] NSWCCA 11

s.66A(2)

 

2 x s.43A

Att pervert course of justice

VG

 

PG

15y 6m

NPP 11y

 

Total:

16y 6m

NPP 12y

AA12y

NPP 8y 6m

 

Total:

13y

NPP 9y 6m

 

SNPP 15y

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

Leslie

(22)

[2013] NSWCCA 48

2 x s. 66A(2)

 

s. 66B (Attempt s/i)

PG

(10%)

23y 6m

NPP 16y

AA

19y

NPP 13y

On bail. AOABH, property offences, B&E, stalk and intimidate

SNPP 15y

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.

Jolly

(30)

[2013] NSWCCA 76

s 66A(2)

 

2 x 66M(2)

s 66B

s 86(1)(b)

PG

(25%)

s 66A:

22y

NPP 15y

 

Total:

22y

NPP 15y 9m

AA

s 66A:-

18y

NPP 12y 7m

 

Total:

18y 9m

NPP 13y 4m

Nil

SNPP 15y

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.

Kertai

(69)

[2013] NSWCCA 252

s.66A(2) – under authorityVG

12y

NPP 7y

ADsexual assault, stealing.

SNPP 15y

V aged 5 years – A was friend of V's father – offence took place on fishing trip – digital penetration.

Gavel

(33)

[2014] NSWCCA 56

3 x s.66A(2) - under authority

 

1 x s.61M(2)

1 x s.91H(2)

 

Sched:

6 offences

PG

(25%)

Total:

8y

NPP 5y 4m

Crown AA

Total:

14y

NPP 9y 6m

 

Nil

SNPP 15y

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.

BA

(31)

[2014] NSWCCA 148

s.66A(2)

 

4 x s.61M(2)

2 x s.61O(2)

VG

2y 8m

NPP 12m

(concurrent sentences)

Crown AA

6y

NPP 4y

 

SNPP 15y

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

Tu

(34)

[2014] NSWCCA 155

s.66A(1)

 

s.66A(2)

 

Sched:

s 61N(1)

s 66A(2)

PG

(25%)

9y

NPP 6y

ADNil

SNPP 15y

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.

EG

(68)

[2015] NSWCCA 21

s.66A(2)PG

5y

NPP 2y 6m

AA

2y

NPP 1y

nil

SNPP 15y

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.

MD

(36)

[2015] NSWCCA 37

2 x s.66A(2)

 

Sched:

s.61M(2)

PG

(25%)

10y 3m

NPP 7y 8m

AA

10y 3m

NPP 7y 3m

Nil

SNPP 15y

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

AH

(42)

[2015] NSWCCA 51

s.66A(2)

 

s.61M(2)

s.61O(1)

s.61O(2)

 

Sched:

2 offences

PG

(25%)

10y

NPP 6y 6m

ADnil

SNPP 15y

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

Suffering depression.

JP

[2015] NSWCCA 267

s.66A(2)

 

Sched:

2 x s 91H(2)

 

PG

(25%)

1y 9m suspended sentenceCrown ADNil

SNPP 15y

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.

Scavera

[2016] NSWCCA 145

2 x s.66A(2)

s 91H

s 61M(2)

PG

(25%)

6y 6m

NPP 4y 2m

Crown AA

10y

NPP 7y

Yes – not stated.

SNPP 15y

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.

 

 

------------

 

 

s.66A - Sexual Intercourse With Child Under  10

post29.6.2015

29.6.2015

(1) Any person who has sexual intercourse with a child who is under the age of 10 years is guilty of an offence.

Maximum penalty: imprisonment for life.

SNPP: 15 years imprisonment

NameOffencePleaSentenceAppealRecordFacts
 No cases yet