The maximum penalty for the offence of Sexually Touching is 5 years or 10 years where it involves a child between 10 and 16 years of age, or 16 years where it involves a child under 10.
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 of Sexually Touch Another Person Without Consent:
When sentenced in the Local Court
| Penalty type | Number of cases – 700 | Percent of cases |
| Children’s Court Penalties | 0 | 0 |
| Section 10(1)(a) Dismissal | 0 | 0 |
| Conditional Release Order Without Conviction | 46 | 6.6 |
| Section 10A Conviction with No Other Penalty | 0 | 0 |
| Fine Only | 30 | 4.3 |
| Conditional Release Order with Conviction | 31 | 4.4 |
| Community Correction Order | 350 | 50 |
| Intensive Correction Order | 102 | 14.6 |
| Imprisonment | 141 | 20.1 |
The average full term prison sentence imposed for the offence is 12 months and the average non-parole period (the minimum term in prison) is 6 months.
When sentenced in a higher court, such as the District and/or Supreme Court
| Penalty type | Number of cases | Percent of cases |
| Children’s Court Penalties | 0 | 0 |
| Section 10(1)(a) Dismissal | 0 | 0 |
| Conditional Release Order Without Conviction | 1 | 2.9 |
| Section 10A Conviction with No Other Penalty | 0 | 0 |
| Fine Only | 0 | 0 |
| Conditional Release Order with Conviction | 0 | 0 |
| Community Correction Order | 6 | 17.1 |
| Intensive Correction Order | 16 | 45.7 |
| Imprisonment | 12 | 34.3 |
The average full term prison sentence imposed for the offence is 36 months and the average non-parole period (the minimum term in prison) is 18 months.
According to the Judicial Commission of New South Wales, the penalties imposed for the offence of Incite Another Person to Sexually Touch Them without Consent:
When sentenced in the Local Court
| Penalty type | Number of cases – 6 | Percent of cases |
| Children’s Court Penalties | 0 | 0 |
| Section 10(1)(a) Dismissal | 0 | 0 |
| Conditional Release Order Without Conviction | 1 | 16.7 |
| Section 10A Conviction with No Other Penalty | 0 | 0 |
| Fine Only | 0 | 0 |
| Conditional Release Order with Conviction | 0 | 0 |
| Community Correction Order | 2 | 33.3 |
| Intensive Correction Order | 0 | 0 |
| Imprisonment | 3 | 50 |
The average full term prison sentence imposed for the offence is 14 months and the average non-parole period (the minimum term in prison) is 8 months.
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.