The Offence of Aggravated Sexual Intercourse with a Child Between 14 and 16 in NSW

The owner of a Sydney-based health and wellness business has been granted conditional bail after being charged with four counts of aggravated sexual intercourse with a child between the ages of 14 and 16 years.

45-year old Savannah Daisley, who is the founder and owner of the business Smart Cleanse – which sells dietary supplements – is accused of having sexual intercourse with the boy while heavily intoxicated four times in the 24 hour period preceding 5pm on 20 May 2021.

She has pleaded not guilty and, through her criminal defence lawyers, has vehemently denied the allegations.

Police claim to rely on telephone intercepts between Ms Daisely – who is the daughter of prominent horse breeder Ross Daisely – and the complainant, in which they say she made partial admissions to engaging in intimate conduct with the boy. They also assert that she directed the boy to remain silent about the matter.

During her initial court appearance in Waverley Local Court on 28 June 2022, Mr Daisely offered to be his daughter’s surety and to deposit the sum of $10,000 as security for her bail.

That bail application was refused and Ms Daisely was remanded in custody.

However, on Monday, 19 Sepetember 2022, she was granted bail with a $100,000 security, conditional on her residing with her parents in the Southern Highland and reporting to Moss Vale Police Station three times per week.

The matter will return to Downing Centre Local Court next month. 

The offence of aggravated sexual intercourse with a child aged between 14 and 16 years 

Aggravated sexual intercourse with a child aged at least 14 and less than16 years is an offence under section 66C(4) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 12 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You had sexual intercourse with a child aged between 14 and 16,
2. You knew or were reckless as to the age of the child, or you had no reasonable grounds to believe the child was under the age of consent which is 16 years of age in NSW, and
3. You did so in ‘circumstances of aggravation’

‘Sexual intercourse’ is defined as:

1. The penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person,
2. The introduction of a penis into the mouth of another person, 
3. Cunnilingus, or
4. The continuation of any of these activities

‘Circumstances of aggravation’ are where:

1. At the time of, or immediately before or after your conduct you intentionally or recklessly inflicted actual bodily harm on the complainant or another person present or nearby, 
2. At the time of, or immediately before or after your conduct you threatened to inflict actual harm on the complainant, or another person present or nearby by means of an offensive weapon or instrument, 
3. You were in the company of another person or persons, 
4. The complainant was under your authority, 
5. The complainant had a serious physical disability, 
6. The complainant had a cognitive impairment, 
7. You took advantage of the complainant being under the influence, 
8. Before or after your conduct you deprived the complainant of his or her liberty, or
9. You broke into a dwelling-house or other building intending to commit a ‘serious indictable offence’, which is an offence carrying a maximum penalty of at least 5 years in prison.

‘Actual bodily harm’ is that which is more than ‘transient or trifling’ and includes lasting scratches, bruises and abrasions.

You were ‘reckless’ if you foresaw the possibility of inflicting actual bodily harm but went ahead with your actions regardless.

An ‘offensive weapon or instrument’ is:

1. A dangerous weapon,
2. Anything made or adapted for offensive purposes, or
3. Anything used, intended for use or threatened to be used for offensive purposes, even though it is not ordinarily used for such purposes, or ordinarily capable of causing harm.

A ‘dangerous weapon’ is:

1. A firearm or imitation firearm,
2. A prohibited weapon, or
3. A spear gun.

Duress is a defence to the charge.

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