Legal Penalties, Defences and Charges for Sexual Intercourse with a Child Between 10 & 14 in NSW

It is reported that father of three, Brett David Hill grabbed and abducted an 11-year-old

school girl who was walking to school in Newcastle.

After abducting her, Hill had repeatedly raped the girl at 3 different locations for over 5-hours in Newcastle.

During the terrifying experience, Hill had also threatened to harm and kill her if she didn’t cooperate with sexual demands.

Hill appeared before Judge Roy Ellis at the Newcastle District Court on Tuesday when being sentenced.

The Court was told that the 11-year-old girl was “unbelievably terrified” of Hill.

Jude Ellis found the seriousness of Hill’s criminality as extremely high, and a person who has shown no sympathy, compassion or empathy during the 5-hour attack on the girl.

The Court recognised the fact that school girls are entitled to safely walk to school without having to go through such an ordeal.

The attack has left the girl constantly caution as to her environment, with suicidal thoughts because she now feels worthless.

On Tuesday Judge Ellis proceeded to sentence Hill for his crime against the 11-year-old school girl.

Hill was sentenced to term of imprisonment of 23-years and 6 months, with a non-parole period of 17-years (representing the period he will spend in full-time custody before being eligible for release on parole).

The Crown prosecutor, Lee Carr SC, told the court that during the 5-hour sexual abuse, the girl suffered “every form of sexual abuse possible”.

In a victim impact statement the girl said:

“You kidnapped and raped me and my life as I knew it is changed forever.”

“I may look strong on the outside, but on the inside I’m breaking down.”

“I used to be scared of nothing, I was so happy and loved my life.”

“Now I feel the sky gets gloomier, and I fall into a dark hole and I can’t get out.”

“Overall, I have come a long way from when this first happened, however I often feel like a damaged girl.”

“You will have to live with what you did to me.”

“I can never forgive you.”

Sexual intercourse is any of the following:

• Sexual penetration of the genitalia, including anus.
• Introduction of a penis into another person’s mouth.
• Oral stimulation of the other person’s genitals.
• Penetrating the lips; or licking, or sucking the genitalia (vagina or penis).

In NSW,  generally, the legal age for sexual intercourse is 16.

Penalties for sexual intercourse with a person under age is outlined in section 66C & 66A  Crimes Act 1900 (NSW).

Legal Penalties, Defences and Charges for Sexual Intercourse with a Child

Children under 10

The maximum sentence is life imprisonment for the offence of sexual intercourse with a child under 10-years-of-age (section 66A Crimes Act 1900 (NSW)).

In the event a Court doesn’t apply this maximum life imprisonment against a convicted offender, the court will be minded to consider the 15-years standard non-parole period.

The 15-years standard non-parole period is the least period of Full time jail time an offender is required to spend before being eligible for release back into the community on a parole period.

The standard non-parole period is engaged to be considered by the court if the offence falls in the mid-range of objective criminality for offences of this kind.

It is certainly not strictly applied, and is meant only to be used as a guidepost to help the sentencing court in reaching an appropriate penalty on sentence for such a crime.

Children between 10 and 14

The maximum sentence is 16-years jail for the offence of sexual intercourse with a child aged between 10 and under 14. (section 66C(1) Crimes Act 1900 (NSW)).

This also has a 7-years standard non-parole period.

If a person commits the aggravated version of this offence, under section 66C(2), the maximum sentence is 20-years jail, carrying a 9-years standard non-parole period.

Children between 14 and 16

The maximum sentence is 10-years jail for the offence of sexual intercourse with a child aged between 14 and 16. (section 66C(3) Crimes Act 1900 (NSW)).

This offence doesn’t have a standard non-parole period.

It does have a maximum sentence of 12-years jail, and 5-years standard non-parole period if the aggravated version of this offence is committed under section 66C(4).

Our previous article outlines the factors that aggravate the offence of sexual intercourse with a child in NSW.

Click here for an outline on the defences to child sex offences in NSW, which we have covered in our previous article.

Contact our friendly team of criminal lawyers if you wish to arrange a free consultation today. 24/7 hotline (02) 8606 2218.

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