The maximum penalty for the offence of Sexual Touching Child Under 10 is 16 years in prison.
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.
When sentenced in the Local Court
The most common penalty imposed for intentionally sexually touch child < 10 under section 66DA(a) of the Crimes Act is imprisonment, followed by community correction order.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 12 months.
The most common penalty imposed for intentionally incite child < 10 to sexually touch them under section 66DA(b) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 12 months.
When sentenced in a higher court, such as the District and/or Supreme Court
The most common penalty imposed for intentionally sexually touch child under 10 years under section 66DA(a) 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 4 years and the average non-parole period (the minimum term in prison) is 3 years.
The most common penalty imposed for accessory before the fact to intentionally sexually touch child under 10 years under section 66DA(a) 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 2.5 years.
The most common penalty imposed for intentionally incite child under 10 years to touch them under section 66DA(b) 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 3.5 years.
The most common penalty imposed for intentionally incite other to touch child under 10 years under section 66DA(d) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 24 months and the average non-parole period (the minimum term in prison) is 12 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.