| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
Bharat
(31)
NSW CCA
17.4.1986 | s.78K | PG | 6y 9m
NPP 3y 9m | AD |  | Took 14y male friend to assist with car – forced two acts of anal intercourse – caused complainant to scream |
Hayes
(59)
NSW CCA
7.2.1986 | s.78K
Att s.78K | PG | 5y
NPP 2y 6m | AA
3y 6m
NPP 9m | | Sharing bedroom with 13y nephew – On first night committed act of fellatio on complainant – on second night attempted anal intercourse – complainant requested appellant desist – breach of trust
Prior good character – ‘no harm done’ to complainant |
Pepper-Clayton
(68)
NSW CCA
11.12.1987 | s.78K
Indecent assault | PG | 6m PD
5y GBB | Crown AA
18m PD | Old indecent assault offences | Masturbated 11y son of female friend – Anal penetration while complainant under influence of drug – breach of trust – premeditation - not isolated offences |
Bujdoso
(34)
NSW CCA 14.6.1990 | 5 x s.78K
3 x s.78L
1 x s.78Q | PG | MT 30m
AT 10m | AD | Prior for cultivate one plant | Soccer coach. Offences occurred over fifteen months. V aged 14-15. Fondled penis, fellatio and attempted anal intercourse.
Good subjectives. |
Gore-Johnson
(60)
NSW CCA
16.4.1992 | 2 x s.78K
Sched:
3 x s.78Q | PG | MT 12m
AT 12m | AD | nil | Employed 15y V to do lawns. Later watched a pornographic video together. Fellatio. |
Dong
NSW CCA 21.5.1992 | 1 x s.78K
3 x acts of indecency | PG | MT 4y
AT 16m | AA
MT 3y
AT 1y | No significant priors, no gaol | Father figure because of relationship with mother. V aged eleven. Offences occurred over six months, during which A suffered from depressive illness and drinking problem. Took advantage of V’s curiosity. Good subjectives and good prospects of rehabilitation. |
Gibbs
(65)
NSW CCA
16.6.1992 | 4 x s.78K | PG | Total:
MT 4y
AT 6m | AA
Conviction on 3rd count quashed.
MT 2y 6m
AT 10m | nil | Two victims: twelve and thirteen. Three counts of penile penetration of anus, and one digital penetration of anus. Friends of grandson. |
Evans
NSW CCA 1.9.1992 | 4 x s.78K
2 x s.78L | PG | MT 3y 6m
AT 14m | AA to adjust sentence on attempt counts – total sentence unchanged | BES and driving | Manager of property for V’s parents. “Trusted friend” of stepfather. Offences over two years. Victim aged 12-14. Penetration of anus and fellatio.
“Situational” child offender with alcohol problem. |
Cozens
(60)
NSW CCA
1.10.1992 | 2 x s.78K
3 x s.61E(1)
Sched:
6 x sexual off | PG | MT 3y
AT 1y | AA
(fresh medical evidence)
MT 2y 3m
AT 1y 9m | regarded as of no real significance | V frequented A’s house to obtain cigarettes, alcohol and pornographic videos. Anal intercourse occurred on more than two occasions. Consistent course of sexual activity. |
BCH
NSW CCA 7.10.1992 | 3 x s.78K | VG | MT 7y
AT 1y | AA
MT 5y
AT 3y | | Became friendly with V (aged 11-15) and established trust with parents. Not isolated incidents. Offences occurred over 3-4 years. |
Eagles
(58)
NSW CCA 16.12.1993 | 3 x s.78Q
4 x s.78K
1 x s.61E
Sched:
7 x s.61E
3 x 78K | VG / G | MT 7y
AT 3y | AD
Although near the top of the range not outside discretion. | One old offence of dishonesty | Five victims, aged between 8 and 12. Four contacted through Scouts, the other through baby sitting.
Low intellectual capacity. |
Williams
(53)
NSW CCA 30.9.1994 | 2 x s.61E
6 x s.78K | VG | MT 6y
AT 2y | AA
(2 x s.78K and s.61E quashed on appeal)
MT 5y
AT 1y 8m | | Proprietor of boarding house offering free accommodation. Offences occurred over several months. Victim aged 14. Given alcohol on first occasion, and induced to return to house after leaving. |
Engert
(1995) 84 A Crim R 67 | s.78K | PG | MT 3y 9m
AT 1y 9m | AD | Priors and on bail | Friend of the family. Suffering schizophrenia. Victim 13. Isolated offence. |
McMinn
NSW CCA 20.5.1996 | 5 x s.78K | VG | MT 6y
AT 2y | AD | Similar priors | Friend of the family. Little to attract leniency. Victim aged 10. |
McKenna
(31)
NSW CCA | s.78K | VG | MT 1y 3m
AT 5m | AA
FT 9m | No priors for similar offences | V aged 15y 9m – Isolated incident – Victim assisting in moving of furniture – Fellatio – No force
Fresh evidence as to complainant allowed on appeal |
Doyle
(56)
NSW CCA
14.12.1994 | 2 x s.78K | PG | (intended effective sentence)
MT 3y
AT 12m | AA to adjust dates to take into account pre-sentence custody | Lengthy record – no relevant sexual offences | V aged 15y 3m – Picked up victim from refuge – Fellatio and anal intercourse |
Williams
(21-33)
NSW CCA
11.12.1998 | 5 x s.78K
2 x s.61N
s.61E(1)
Sched:
13 offences | PG | MT 6y 8m
AT 3y 4m | AD | Breached recog for sexual offences | V1 – 15y at commencement of offences – Runaway – Lived with A on 2 occasions – Joint masturbation, fellatio and anal penetration – Extensive sexual activity over long period of time
V2 – 10y at commencement of offences – Cousin – Fellatio – Sexual activity over many years
Indecent assaults on 5 other persons aged 7-15y
Total activity over 12 years |
Hutton
(48)
NSW CCA
2.12.1998 | s.78K
Sched:
3 x cannabis offences | PG | MT 2y 6m
AT 10m | AD | Minor | V aged 16y – Runaway - Visited A’s home on several occasions – Watched porn, drank and smoked marijuana – Mutual sexual activity with A and co-offender – Anal intercourse |
Virgona
(35-42)
NSW CCA [136]
7.6.1999 | 2 x s.81
3 x s.78K
s.78Q | PG
(during trial) | MT 4y 6m
AT 1y 6m | AD | Nil | Committed offences on nephew by marriage over 7 years – Victim aged 9-15y |
Skene
NSW CCA [322]
25.8.2000 | 3 x s.61M(1)
3 x s.78K | VG | MT 4y
AT 1y 4m | AD | No gaol | Friend of victim’s family – Fellatio and anal intercourse |
Connors
NSW CCA [470]
20.11.2000 | s.61M
4 x s.78K | VG | MT 3y
AT 3y | AD | | V aged 13-14y – Minister of church had V and brother stay at house – Fellatio and anal intercourse – Breach of trust |
AB
NSW CCA [496]
15.11.2001 | 6 x 78K | VG | 8y
NPP 6y | AD | | V a distant relative aged 10-16y – Anal intercourse – Continuing course of misconduct |
Bishell
(late 20s)
NSW CCA [279]
7.6.2002 | 4 x 78K | VG | 2y
NPP 1y 3m
PD | AA
(One count quashed on appeal)
FT 12m
PD | | V -son of de facto – Aged 14-15y – Anal intercourse |
