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.
In the Local Courts
The most common penalty imposed for sexual intercourse with child between 14 and 16 under section 66C(3) of the Crimes Act is imprisonment, followed by community correction order, then conditional release order with conviction and conditional release order without conviction, then section 10(1)(a) dismissal.
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
The most common penalty imposed for sexual intercourse with child between 10 and 14 under section 66C(1) of the Crimes Act is imprisonment, followed by community correction order, then children’s court penalties.
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.
The most common penalty imposed for sexual intercourse with child between 10 and 14 under section 66C(1) of the Crimes Act is imprisonment, followed by community correction order, then children’s court penalties.
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.
The most common penalty imposed for aggravated sexual intercourse with child between 10 and 14 under section 66C(2) of the Crimes Act is imprisonment.
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.
The most common penalty imposed for aggravated sexual intercourse with child between 10 and under section 66C(2) of the Crimes Act is imprisonment, followed by community correction order.
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.
The most common penalty imposed for attempt aggravated sexual intercourse with child between 10 and 14 under section 66C(2) of the Crimes Act is imprisonment.
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.
The most common penalty imposed for aid, abet, counsel or procure etc aggravated sexual intercourse with child between 10 and 14 under section 66C(2) of the Crimes Act is imprisonment.
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.
The most common penalty imposed for sexual intercourse with child between 14 and 16 under section 66C(3) of the Crimes Act is imprisonment, followed by community correction order, then conditional release order with conviction, conditional release order without conviction, and children’s court penalties.
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.
The most common penalty imposed for aggravated sexual intercourse with child between 14 and 16 under section 66C(4) 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 4 years.
The most common penalty imposed for aggravated sexual intercourse with child between 14 and 16 under section 66C(4) of the Crimes Act is imprisonment, followed by conditional release order with conviction.
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.
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