Sentencing for historical child sex offences - s 25AA In R v MJR (2002) 54 NSWLR 368 at , Mason P expressed the view that there has been a pattern of increasing sentences for child sexual The courts have recognised a change in community attitudes to child sexual assault. Tampering with children of tender years is a matter of grave concern to the community: R v Evans (unrep, 24/3/88, NSWCCA). That heavy custodial sentences are essential if the courts are to play their proper role in protecting young people from sexual This court must serve notice upon judges who impose weakly merciful sentences in some cases of sexual assault upon children, Of time, not only to punish them, but also in an endeavour to deter others who might have similar inclinations … Of trust to them, must be severely punished, and that those who engage in this evil conduct must go to gaol for a long period This court has said time and time again that sexual assaults upon young children, especially by those who stand in a position Sentencing Bench Book Sexual offences against children Change in community attitudes to child sexual assault Increased penalties Sentencing for historical child sex offences - s 25AA The approach to s 25AA Juvenile offenders Resentencing following successful appeal Additional resources Statutory scheme in the Crimes Act 1900 (NSW) Table 1: Sexual offences against children under the Crimes Act 1900 Standard non-parole periods Section 21A Crimes (Sentencing Procedure) Act 1999 De Simoni principle Victim impact statements Sexual intercourse - child under ten: s 66A Attempting or assaulting with intent to have sexual intercourse with child under 10: s 66B Sexual intercourse - child between 10 and 16: s 66C Persistent sexual abuse of child: s 66EA Fact finding following a guilty verdict Aggravated sexual assault: s 61J Aggravated indecent assault: s 61M Worst cases Section 61M(2) Act of indecency: s 61N Aggravated act of indecency: s 61O Sexual intercourse with child between 16 and 18 under special care: s 73 Procuring or grooming: s 66EB Child sexual servitude and prostitution Child prostitution Child abuse/pornography offences State offences Commonwealth offences Mixture of State and Commonwealth offences Sentencing principles Specific offences Voyeurism and related offences Voyeurism: s 91J Filming a person engaged in a private act: s 91K Filming a person’s private parts: s 91L Incitement to commit a sexual offence Intensive correction order not available for a “prescribed sexual offence” Other aggravating circumstances Breach of trust Mitigating factors The issue of consent Good character Offender abused as a child Delay Pre-Trial Diversion of Offenders Program Possibility of summary disposal Health Age Intellectual handicap/mental disorder Offender undertakes treatment Extra-curial punishment Hardship of custody for child sex offender
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