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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Two tables:

Sexual Intercourse with Child between 10 and 16 - s.66C(1); also

Sexual Intercourse with Child between 10 and 14 - s.66C(1)(commenced 13.6.2003)

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Sex Offences - Sexual Intercourse With Child Between 10 and 16 - s.66C(1)

23.3.1986 – 12.6.2003

Maximum sentence – 8y

CaseOffencePleaSentenceAppealPriorsFacts

Agnew

(22)

NSWCCA

6.12.1990

3x s.66C(1)VGFT 8m

AA

1y GBB

(served 3m)

Traffic and dishonestyConsensual relationship with 14y - three incidents - criminality low

Zappala

(51)

NSW CCA

5.11.1991

5 x s.66C(1)

 

5 x s.61E(2)

VG4y GBB

Crown AA

MT 3y]

AT 1y

minor

Sexually assaulted four girls aged 12 and 13y

Suffering affects of motor vehicle accident including loss of eye and brain damage

Williams

(49 at appeal)

NSW CCA

5.11.1991

7 x s.66C(1)

 

2 x s.61E(1A)

PG

1y 6m PD

3y GBB

Crown ADnil

Became friend to 13y victim's family through soccer coaching – rubbed breasts and vagina – relationship proceeded to consensual penile intercourse and fellatio over 5m

Remorse- prior good character – periodic detention allowed offender to retain employment

Pace

(33-35)

NSW CCA

21.2.1992

Aid and abet s.66C(1)

 

2 x incite s.61E(2)

s.61E(2)

PG

MT 12m

AT 4m

AD 

1987-1989 – Female - Representative of conduct over 2 years – assisted husband in sexual abuse of daughter – husband aged 78-79y – incited victim to perform cunnilingus on offender and suck offender's breasts – performed cunnilingus on victim – derived sexual gratification from conduct

Low intelligence – dominated by husband – caring for young child

McClymont

(22)

NSW CCA

17.12.1992

2 x s.66C(1)

 

Sched:

2 x indecent assault

2 x drug off

PG

MT 18m

AT 6m

ADBreached recog and bail

12y friend – warned by police as to complainant's age after first offence

Sched offences related to different girl

Brady

(18)

NSW CCA

3.3.1994

2 x s.66C(1)PG

MT 18m

AT 18m

AA

MT 12m

AT 12m

Similar offences committed at same time13y acquaintance – Crown accepted pleas in satisfaction of original charges of aggravated sexual assault – erroneously dealt with on basis of no consent

Gauci

(17-18)

NSW CCA 10.10.1994

6 x s.66C(1)PG12m PD.ADnilConsensual relationship with 11-12y complainant.

Allen

(38)

NSW CCA

17.2.1995

s.66C(1)PG

MT 2y

AT 2y

AD 14y 8m friend – gave complainant bourbon to "facilitate" intercourse - wide age difference noted

McLeod

(57)

NSW CCA 24.10.1995

3 x s.66C(1)PG

MT 3y 9m

AT 1y 3m

ADprior convictions for carnal knowledge11y complainant - multiple offence over twelve months – penile, oral and digital penetration

Bakewell

(28)

NSW CCA

27.6.1996

s.66C(1)

 

Supply cannabis

 

Sched:

8 drug offences

PG

MT 5y

AT 1y 8m

(concurrent fixed sentence)

AA

MT 4y

AT 1y 4m

Similar offencesSexual intercourse with 13y daughter of friends – victim quarrelled with parents and stayed night with offender – made victim smoke cannabis from bong – digital and penile intercourse

CES

(57)

NSW CCA

26.11.1996

5 x s.66C(1)

 

5 x s.61M(1)

PG

MT 6y

AT 2y

(concurrent fixed sentences)

AA

MT 4y 6m

AT 3y 6m

 

1994-1995 – vaginal and anal intercourse on 11y daughter of friends – regular sexual misconduct

Difficult background – prospects of rehabilitation

Pinder

(40)

NSW CCA

29.11.1996

s.66C(1)

 

s.61M(1)

VG

MT 3y 9m

AT1y 3m

ADSerious record in relation to similar offencesProfessional basketball player picked up 15y female supporter in car – touched vagina and forced fellatio

Priestley

(19)

NSW CCA

3.6.1997

3 x s.66C(1)

 

Att s.66C(1)

PG3y GBBCrown ADnil

15y sister of de facto - digital penetration, cunnilingus and attempted penile penetration - all offences occurred on one occasion – complainant and appellant drunk.

Immediate admissions when arrested and ashamed of offences - custodial sentence would mean dismissal from job as cook in army.

Strachan

(24)

NSW CCA

3.6.1997

6 x s.66C(1)PG

MT 1y 8m

AT 2y

ADMinor offencesSexually assaulted 2 female complainants – One complainant vulnerable having run away from home – Penile intercourse – Fellatio – Forced sexual foreplay with wife – Offences committed over 22 months

Kanelleas

(43)

NSW CCA

27.10.1997

s.66C(1)PG

MT  1y 9m

AT  7m

ADnil13y complainant - digital penetration father figure – followed complainant home and into bedroom - complainant required to give evidence at sentence regarding disputed facts.

Tu

(34)

NSW CCA

20.5.1998

4 x s.66C(1)PG

MT 1y

AT 2y

ADnil

14y female employee - relationship developed until intercourse took place at unit and motel - warned by friend about inappropriateness of behaviour.

Vietnamese - remorse - naive understanding of how illegal conduct was - suffered loss of status in community

Williams

(1999) 104 A Crim R 260

NSWCCA

s.66C(1)VG

MT 3y

AT 3y

AD

top of the range.

nil

15y daughter of friend – complainant stayed with appellant and wife for muster - while out mustering cattle A forced penile intercourse

Excellent subjective features

Raso

(44)

[2000] NSWCCA 22

s.66C(1)VG2y PDConviction AD Penile/vaginal intercourse with 14y sister-in-law who had been babysitting at offender's house

Kennedy

(56)

[2000] NSWCCA 527

5 x s.66C(1)VG

MT 2y 8m

AT 1y 8m

ADnil

13y girl under care of friend - fellatio in back seat of car - 3 acts of penile vaginal intercourse and act of fellatio in motel room in presence of friend and before video camera

Believed complainant 15y and consenting.

Percival

(50)

[2001] NSWCCA 429

2 x s.66C(1)

 

Sched:

2 x Agg indecent ass

PG

6y

NPP 4y

ADNil

Sexually assault three complainants aged 10-14 – two complainants nieces – all complainants helped at appellant's work – forced fellatio and played with breasts - threats

Ill health – protective custody

Fuller

[2001] NSWCCA 390

 

[2002] NSWCCA 121

s.66C(1)VG

16m

NPP 12m

Conviction AD 1986/7 - Penile / vaginal intercourse with 14/15y niece of de facto sleeping at aunt's place – jury convicted as alternative to count of sexual intercourse without consent

SG

(23)

[2003] NSWCCA 220

7 x 66C(1)VG

3y

NPP 1y 6m

AA

FT 12m

Prior good character

Sexual intercourse with 14y cousin – First occasion in appellant's bedroom – Second and third occasion in complainant's bedroom late at night – Convicted as alternative to s.61J offences

Prior good character – Lives in New Zealand with wife – Unlikely to re-offend

Morgan

(27)

[2003] NSWCCA 284

6 x 66C(1)

PG

(25%)

6y 9m

NPP 4y

AA

5y 6m

NPP 3y 3m

Long history – no sexual offences

Has consensual sexual intercourse with 12y girl over 11 days – Believed complainant aged 16y

Aboriginal with disadvantaged childhood – Difficult conditions in custody

Schwenke

(22)

[2004] NSWCCA 289

s.66C(1)PG3y GBBCrown ADSignificant – no sexual offences

Offender had consensual relationship with 13y girl, sister of a friend with whose family offender was staying – became pregnant and had baby -'complainant' did not complain at any time and resumed relationship w offender for a time after giving birth

Alcohol problems - cognitive and intellectual underdevelopment – no exploitation of the complainant – no remorse

MSS

(14)

[2005] NSWCCA 227

s.66C(1)VG

18m

NPP 9m

ADNil

Digital penetration of 14y female friend in back of car – co-offender in front – not aware no consent

Risk of re-offending – no interest in counselling

KNL

(19)

(2005) 154 A Crim R

268

NSWCCA

s.66C(1)

PG

(25%)

s.10 Bond

Crown AA

s.11 Bond – 18m

Minor

Consensual intercourse with 12 female friend – believed complainant 16y – grudging consent

Immediate admissions – erred in imposing s.10 bond after finding not trivial offence

Shannon

(28)

[2006] NSWCCA 39

3 x s.66C(1)

PG

(15%)

5y 2m

NPP 3y 8m

ADMinor – irrelevant

Male forced sexual contact with 12y female neighbour on two occasions – forced complainant to engage in fellatio twice – penile intercourse

Traumatic personal history

MMK

(15)

(2006) 164 A Crim R 481

NSWCCA

s.66C(1)

 

Sched:

Agg ind ass

Common ass

PGFT 1yCrown ADNil at time

Consensual intercourse with 13y girlfriend – schedule offence committed on second complainant on different occasion – squeezed breast and slapped across face

Pakistani under supervision of older brother – totality – no error in making sentence wholly concurrent with lengthy sentence for unrelated sexual offences

Perez

(45)

[2008] NSWCCA 46

2 x s.66C(1)

 

 

2 x s.61M(1)

VG

6y

NPP 5y

 

Total:

7y

5y 6m

AA

6y

NPP 4y 3m

 

Total:

7y

NPP 5y 3m

Little relevance

2000-2002 – family friend of victim aged 10-11y – rubbed erect penis against vagina and touched breasts – forced penile/vaginal intercourse

Came to Australia from Uruguay as a refugee

WC

[2008] NSWCCA 268

3 x s.66C(1)

 

s.61M(1)

s.61N(1)

VG

FT 2y

Partially concurrent to existing sentence of 37y

Crown ADserving lengthy sentence for serious offences including child sexual offences an0064 manslaughter1999 – 2000 – living on victim's family property – victim aged 11-12y – penile / vaginal intercourse in shed and rubbed vagina – licked vagina and engaged in penile intercourse a few days later – forced victim to watch pornographic video

Shaw

(46)

[2010] NSWCCA 23

11 x s.66C(1)

 

2 x abuse child for pornographic purposes

 

Sched:

13 sexual offences

PG

9y

NPP 6y 9m

AA

(to backdate only)

Child sexual offences

Contacted 14y female over internet and arranged for sexual activity – offences committed over 7 months

Partially cumulative to existing sentence in Queensland

 

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Sex Offences - Sexual Intercourse with Child between 10 and 14 - s.66C(1) 

Commenced 13.6.2003

Any person who has sexual intercourse with another person who is of or above the age of 10 years and under the age of 14 years is liable to imprisonment for 16 years

Standard non-parole period (for offences committed on or after 29.6.2015) – 7 years imprisonment 

CaseOffencePleaSentenceAppealPriorsFacts

Dagwell

(47)

[2006] NSWCCA 98

 

6 x s.66C(1)

 

3 x s.61M(1)

PG

(20%)

18m

NPP 6m

 

Total:

21m

NPP 9m

Crown AA

3y 4m

NPP 1y 11m

 

Total:

4y 3m

NPP 2y 10m

nilMet 13y victim through chat room – discussed sexually explicit matters over phone – upon meeting engaged in consensual sexual activity – touching and sucking breasts – digital penetration – on second occasions went to offenders house – indecent touching of breasts, digital penetration, digital penetration of anus, cunnilingus, anal intercourse, fellatio

LB

(52)

[2011] NSWCCA 220

 

s.66C(1)

 

s.61M(2)

 

Sched:

2 x s.61M(2)

PG

(12%)

4y 6m

NPP 3y

 

Total: 5y 6m

NPP 4y

AA

3y 6m

NPP 2y

 

Total:

4y 6m

NPP 3y

Nil

12y male victim stayed at offender's house overnight with step-father – touched victim's penis on outside of pants with shoe – licked victim's face and put tongue in mouth – placed finger in area of victim's anus - forced victim to perform fellatio – opportunistic and unplanned offence

Long history of mental problems and alcohol dependence after traumatic experiences in Nicaragua

RD

[2014] NSWCCA 103

3 x s.66C(1)

 

PG

(20%)

Total:

3y

NPP 18m

Crown AA

5y 6m

NPP 2y 9m

Nil

12y old female V – A was a friend of V's older brother – asked V to be in a "relationship" with him – penile vaginal intercourse – V discovered she was pregnant.

Dysfunctional background.

Nelson

(18-19)

[2016] NSWCCA 130

2 x s.66C(1)

 

6 x s.66C(3)

PG

(25%)

2y suspended

 

3y GBB

Crown AA

3y

NPP 2y

 

Had sexual relationship with 3 'girlfriends' over 14 months – each victim had moved into home of accused and family – victims aged 13y, 14y and 14y – first victim fell pregnant

Suffered physical abuse as a child – significant cognitive disabilities and mental health problems

On appeal found SJ erred in failing to take into account VIS of V1 – failed to properly considered harm done to victims

 

 

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