The maximum penalty for the offence of procuring or grooming child under 16 for unlawful sexual activity is 12 years in prison or 15 years if the child was under the age of 14 years.
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.
In the Local Courts
The most common penalty imposed for procure child for unlawful sexual activity under section 66EB(2) of the Crimes Act is imprisonment, followed by community correction order.
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 12 months.
The most common penalty imposed for meet, etc child groomed for unlawful sexual activity under section 66EB(2A) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 13.5 months and the average non-parole period (the minimum term in prison) is 6 months.
The most common penalty imposed for groom child for unlawful sexual activity under section 66EB(3) of the Crimes Act is imprisonment, followed by community correction order, then intensive correction order.
The average full term prison sentence imposed for the offence is 20 months and the average non-parole period (the minimum term in prison) is 12 months.
In the Higher Courts
The most common penalty imposed for groom child for unlawful sexual activity under section 66EB(2) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3.5 years.
The most common penalty imposed for procure child < 14 for unlawful sexual activity under section 66EB(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 5.5 years and the average non-parole period (the minimum term in prison) is 4 years.
The most common penalty imposed for procure child >= 14 for unlawful sexual activity – SNPP (Item 10F) under section 66EB(2) of the Crimes Act is imprisonment.
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 2 years.
The most common penalty imposed for procure child >= 14 for unlawful sexual activity under section 66EB(2) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 7 years and the average non-parole period (the minimum term in prison) is 42 months.
The most common penalty imposed for attempt to procure child < 14 for unlawful sexual activity under section 66EB(2) of the Crimes Act is imprisonment.
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 3 years.
The most common penalty imposed for meet etc child < 14 groomed for sexual activity – SNPP (Item 10G) under section 66EB(2A) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for meet etc child >= 14 groomed for sexual activity – SNPP (Item 10H) under section 66EB(2A) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 7 years and the average non-parole period (the minimum term in prison) is 4.5 years.
The most common penalty imposed for groom child < 14 for unlawful sexual activity – SNPP (Item 10I) under section 66EB(3) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 5 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for groom child < 14 for unlawful sexual activity under section 66EB(3) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 42 months and the average non-parole period (the minimum term in prison) is 30 months.
The most common penalty imposed for groom child >= 14 for unlawful sexual activity – SNPP (Item 10J) under section 66EB(3) of the Crimes Act is imprisonment, followed by community correction.
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 16 months.
The most common penalty imposed for groom child >= 14 for unlawful sexual activity under section 66EB(3) of the Crimes Act is imprisonment, followed by section 12 suspended sentence (repealed penalty).
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.
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.