The maximum penalty for the offence of “sexual intercourse child between 10 and 16” depends on the age of the child involved:
Where the child was aged 10 years or older but and under 14, the maximum penalty is 16 years’ imprisonment.
Where the child is aged 14 years or older but under the age of 16, the maximum penalty is 10 years’ imprisonment.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:
In the Local Courts
Sexual intercourse with child between 14 and 16 – section 66C(3)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 1 | 2.6% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 2 | 5.1% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 2 | 5.1% |
| Community Correction Order | 12 | 30.8% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 22 | 56.4% |
The average full term prison sentence imposed for the offence is 22 months and the average non-parole period (the minimum term in prison) is 15 months.
In the Higher Courts
Sexual intercourse with child between 10 and 14 – SNPP (Item 10B) – section 66C(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 1 | 1.3% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 9 | 11.4% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 69 | 87.3% |
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 4 years.
Sexual intercourse with child between 10 and 14 – section 66C(1)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 1 | 4.3% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 4 | 17.4% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 18 | 78.3% |
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 5 years.
Aggravated sexual intercourse with child between 10 and 14 – SNPP (Item 10C) – section 66C(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 67 | 100% |
The average full term prison sentence imposed for the offence is 9 years and the average non-parole period (the minimum term in prison) is 5 years.
Aggravated sexual intercourse with child between 10 and 14 – section 66C(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 1 | 2.5% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 39 | 97.5% |
The average full term prison sentence imposed for the offence is 12 years and the average non-parole period (the minimum term in prison) is 7 years.
Attempt aggravated sexual intercourse with child between 10 and 14 – section 66C(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 1 | 100% |
The average full term prison sentence imposed for the offence is 10 years and the average non-parole period (the minimum term in prison) is 8 years.
Aid, abet, counsel or procure etc aggravated sexual intercourse with child between 10 and 14 – section 66C(2)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 3 | 100% |
The average full term prison sentence imposed for the offence is 10.5 years and the average non-parole period (the minimum term in prison) is 9 years.
Sexual intercourse with child between 14 and 16 – section 66C(3)
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 1 | 1% |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(b)&(c) Discharge | 0 | 0% |
| Conditional Release Order Without Conviction | 1 | 1% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 1 | 1% |
| Community Correction Order | 17 | 16.8% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 81 | 80.2% |
The average full term prison sentence imposed for the offence is 4 years and the average non-parole period (the minimum term in prison) is 3 years.
Aggravated sexual intercourse with child between 14 and 16 – SNPP (Item 10D) – section 66C(4)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Diischarge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 0 | 0% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 41 | 100% |
The average full term prison sentence imposed for the offence is 6 years and the average non-parole period (the minimum term in prison) is 4 years.
Aggravated sexual intercourse with child between 14 and 16 – section 66C(4)
| Penalty type | Number of cases | Percent of cases |
| Section 10(1)(a) Dismissal | 0 | 0% |
| Section 10(1)(c) Diischarge | 0 | 0% |
| Conditional Release Order Without Conviction | 0 | 0% |
| Section 10A Conviction with No Other Penalty | 0 | 0% |
| Fine Only | 0 | 0% |
| Conditional Release Order with Conviction | 1 | 8.3% |
| Community Correction Order | 0 | 0% |
| Intensive Correction Order | 0 | 0% |
| Imprisonment | 11 | 91.7% |
The average full term prison sentence imposed for the offence is 9 years and the average non-parole period (the minimum term in prison) is 7 years.
For expert advice and formidable legal representation from an experienced team of specialist criminal defence lawyers, call Sydney Criminal Lawyers on (02) 9261 8881 to arrange a conference and let Australia’s Most Awarded Criminal Defence Law Firm fight for the optimal outcome in your case.