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

Prior to 1.1.2009 s66A provided:

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.
Maximum Penalty: 20 years imprisonment [prior to 1.2.2003]

25 years imprisonment [on or after 1.2.2003]

Standard non-parole period (offences committed on or after 1.2.2003): 15 years imprisonment

As from 1.1.2009: s.66A was amended to form two offences:

(1) 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.

(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.
Standard non-parole period (for both subsections): 15 years imprisonment

Offences committed prior to 1.2.2003 - Maximum penalty 20 years  

Name

Offence

Plea

Sentence

Appeal

Record

Facts

Dunn
(17)
NSW CCA
15.4.1992

s.66A

VG

MT 3y 6m
AT 14m

AA
MT 18m
AT 6m

Not stated

Female became angry with 3m child while bathing her - inserted fingers in anus - no sexual gratification - under influence of heroin

KSF
(30)
NSW CCA
10.9.1992

s.66A

PG (during trial)

MT 2y 6m
AT 10m

Crown AA
MT 3y 6m
AT 18m

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.

Boyd
NSW CCA
25.7.1995

s.66A

VG

MT 3y
AT 2y

Conviction AD

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

Brooker
(middle age)
NSW CCA
21.2.1996

s.66A

PG

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

G
(1997) 42 NSWLR 451

2 x s.66A

VG

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

Morrow
(26)
NSW CCA [64]
10.3.1999

s.66A

PG

5y GBB

Crown AD

driving 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

KBM
(13)
NSW CCA [123]
3.5.2004

s.66A

PG

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

3 x s.66A

VG

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

JDB
(13 / 14)
(2005) 153 A Crim R 164

4 x s.66A

Sched:
2 x s.66A

PG

3y
NPP 12m
(Detention)

AA
3y
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

Davies
(22)
NSW CCA [384]
10.11.2005

s.66A

Sched:
Agg ind ass

PG

10y
NPP 7y 6m

AA
7y
NPP 5y 3m

Nil

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

AEL
(12-13)
(2007) 170 A Crim R 355

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

 

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Offences committed after 1.2.2003 - Maximum penalty 25 years - Standard Non-Parole Period applies

Name

Offence

Plea

Sentence

Appeal

Record

Facts

AJP
(22)
(2004) 150 A Crim R 575

s.66A

Sched:
s.61M(2)

PG

3y
NPP 18m

Crown AA
5y
NPP 2y 6m

Nil

SNPP 15y
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

MLP
(39)
(2006) 164 A Crim R 93
NSW CCA [271]
6.9.2006

s.66A

VG

16y
NPP 12y

AA
16y
NPP 11y

Minor

SNPP 15y
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

RJA
(30)

(RA)
NSWDC [138]
Finnane QC DCJ
18.8.2006

NSW CCA [137]
10.6.2008

3 x s.66A

VG

21y
NPP 16y

AA
17y
NPP 13y

Nil

SNPP 15y
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

Kite
NSW CCA [12]
13.2.2009

2 x s.66A

PG

8y 10m
NPP 5y 6m

AA
8y
NPP 5y

Minor

SNPP 15y
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
NSW CCA [117]
23.4.2009

s. 66A

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

PG

2y suspended sentence

Crown AA
7y
NPP 4y 6m

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

SNPP 15y
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)
NSW CCA [254]
2.10.2009

s.66A

Sched:
1 x s66A; 1 x s66C(1)

PG

12y
NPP 9y

AA
8y 3m
NPP 6y 2m

Sexual assault (15y old girl); Assault female

SNPP 15y
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.

AWKO
(33)
NSW CCA [90]
7.5.2010

s.66A
Breach AVO

PG

12y 87m 28d
NPP 8y 3m13d

Nil priors

SNPP 15y
Anal intercourse with 6y daughter - mid range - spontaneous offence
Good prospects of rehabilitation

Muldrock
(30)
NSW CCA [106]
14.5.2010

s.66A

s.61M(1)

PG

9y
NPP 96 days
(residential condition of parole)

Crown AA
9y
NPP 6y 8m

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 - up[on leaving lake forced child to ground and suckled penis
Significantly intellectually disabled
Residential condition of parole - to reside and undertake rehabilitation for intellectually disable sex offenders

Ingham

NSW CCA [88]
21.2.2011

8 x s.66A
2 x s.61M(2)
s.66B

VG

22y
NPP 17y

AA
To adjust two sentences – same total sentence

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

HJWG (54) at sentence

NSW CCA [50]
1.4.2011

s.66A
s.61M(2)
2 x s.61M(1)

PG

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)

NSW CCA [17]
21.2.2011

3 x s.66A 
s.91H(2)
s.474.19(1)(a)

 

Sched:
2 x agg ind assault

PG

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)

NSW CCA [246]
17.11.2011

2 x s.66A
s.61M(1)


Sched:

s.61M(1)

PG

Total:
8y 10m 15d
NPP 5y

AD

Nil 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

JRM
(late 50s)

NSWCCA [112]
4.6.2012

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

Jones
(20)

NSWCCA [262]
10.12.2012

2 x s.66A

VG

15y
NPP 11y

AA
12y
NPP 8y

Nil

SNPP 15y
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

PK
(18)

NSW CCA [263]
11.12.12

s.66A

PG

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)

NSWCCA [280]
14.12.2012

s.66A
s.66A(2)

PG

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)

NSWCCA [96]
17.5.2012

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

Simpson (70 at sentence)

NSWCCA [246]
23.11.2012

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

Essex
(30)

NSWCCA [11]
5.2.2013

s.66A 
2 x s.43A
Attempt pervert course of justice

VG

 

PG

15y 6m
NPP 11y

 

Total:
16y 6m
NPP 12y

AA
12y
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

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

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

FD
(70)

[2013] NSWCCA 139

2 x s.66A
7 x s.61M(2)

 

Sched:
4 offences

PG

 66A:
2y
NPP 3y 2m

 

Total
8y
NPP 4y

AD

Nil

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

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.

Kertai
(69)

[2013] NSWCCA 252

s.66A(2) – under authority

VG

12y
NPP 7y

AD

sexual 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

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

1 x s 66A(1)

1 x s 66A(2)

 

Sched:
s 61N(1)
s 66A(2)

PG
(25%)

9y
NPP 6y

AD

Nil

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. 

MLP

[2014] NSWCCA 183

​1 x s 66A​PG16y

NPP 12y

​ADSNPP 15y

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

EG

(68)

[2015] NSWCCA 21

​s.66A(2)​PG​5y

NPP 2y 6m

​AA

2y
NPP 1y

​NilSNPP 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.

PS

(40)

[2015] NSWCCA 20

​s. 66A

 

Sched:
2 offences

​PG​6y 6m

NPP 3y 6m

​AD​NilSNPP 15y
Licked vagina of 6 year old niece – confessed to V's mother .

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

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

​NilSNPP 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​10y

NPP 6y 6m

​AD​Nil​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.