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 between 10 and 16 - s.66C(1); plus between ages of 10 and 14 (commenced 13.6.2003)

23.3.1986 - 12.6.2003
Sexual intercourse with child between 10-16y [maximum sentence - 8y]

Case

Offence

Plea

Sentence

Appeal

Priors

Facts

Agnew
(22)
NSW CCA 6.12.1990

3x s.66C(1)

VG

FT 8m

AA
1y GBB
(served 3m)

Traffic and dishonesty

Consensual relationship with 14y - three incidents - criminality low

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

AD

Breached 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 time

13y 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)

PG

12m PD.

AD

nil

Consensual 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

AD

prior convictions for carnal knowledge

11y complainant - multiple offence over twelve months - penile, oral and digital penetration

Priestley
(19)
NSW CCA
3.6.1997

3 x s.66C(1)
Att s.66C(1)

PG

3y GBB

Crown AD

nil

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

AD

Minor offences

Sexually 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

AD

nil

13y complainant - digital penetration father figure - followed complainant to unoccupied 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

AD

nil

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

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 - advances previously rebuffed
Excellent subjective features

Kennedy
(56)
NSW CCA [527]
13.12.2000

5 x s.66C(1)

VG

MT 2y 8m
AT 1y 8m

AD

nil

13y girl under care of friend - fellatio in back seat of car - 3 acts of penile vaginal intercourse and 1act of fellatio in motel room in presence of friend and before video camera.
Thought complainant 15y and consenting.

Percival
(50)
NSW CCA [429]
19.10.2001

2 x s.66C(1)

Sched:
2 x Agg indecent ass

PG

6y
NPP 4y

AD

Nil

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

SG
NSW CCA [220]
4.8.2003

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)
NSW CCA [284]
3.10.2003

6 x 66C(1)

PG

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)
NSW CCA [289]
11.8.2004

s.66C(1)

PG

3y GBB

Crown AD

Significant - 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)
NSW CCA [227]
22.6.2005

s.66C(1)

VG

18m
NPP 9m

AD

Nil

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)
NSW CCA [260]
29.7.2005

s.66C(1)

PG

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)
NSW CCA [39]
2.3.2006

3 x s.66C(1)

PG

5y 2m
NPP 3y 8m

AD

Minor - 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)
NSW CCA [272]
5.9.2006

s.66C(1)

Sched:
Agg ind ass
Common ass

PG

FT 1y

Crown AD

Nil 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

Virgona
(45-51 at offences)

NSW CCA [415]
29.11.2004

s.66C(2)

s.66C(1)

2 x s.61E(1A)

3 x s.61E(1)

PG

4y

NPP 3y

(concurrent fixed sentence)

AA

4y

NPP 2y 3m

Served sentence for sexual assault on third relative during same time of offending

1983-1989 – sexually assaulted male relative aged 5-11y – forced fellatio – penile / vaginal intercourse on 10y female relative causing great pain

Successful rehabilitation

Perez
(45)

NSW CCA [46]
6.3.2008

2 x s.66C(1)

 

 

2 x s.61M(1)

VG

6y
NPP 5y

   

7y
NPP 5y

 

Total:
7y
5y 6m

AA
6y
NPP 4y 3m

4y
NPP 3y

 

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

NSW CCA [268]
19.11.2008

3 x s.66(1)
s.61M(1)
s.61N(1)

VG

FT 2y

Partially concurrent to existing sentence of 37y

Crown AD

serving lengthy sentence for serious offences including child sexual offences an0064 manslaughter

1999 – 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)
NSW CCA [23]
18.2.2010

11 x s.66C(1)
2 x abuse child for pornographic purposes

Sched:
13 sexual offences

G

9y
NPP 6y 9m

A
(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.

Case

Offence

Plea

Sentence

Appeal

Priors

Facts

Dagwell
(47)

NSW CCA [98]

5.4.2006

6 x s.66C(1)3 x s.61M(1)

PG

18m
NPP 6m

 

Total:
21m
NPP 9m

Crown AA
3y 4m
NPP 1y 11m

 

Total:
4y 3m
NPP 2y 10m

nil

Met 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)

NSW CCA [220]
7.10.2011

s.66C(1)
s.61M(2)

 

 

Sched:
2 x s.61M(2)

PG

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

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.