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Lionel Rattenbury
Criminal Defence Lawyer


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Sexual Offences - NSW
Welcome to the NSW Act of indecency article page. Everything you need to know about Act of indecency according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Act of indecency
According to NSW Law for the charge of Act of indecency,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
64808 Commit act of indecency with person under 16 years (DV)-T2
294 Commit act of indecency with person under 16 years-T2
295 Incite person under 16 years to commit act of indecency-T2
64809 Incite person under 16 years to commit act of indecency (DV)-T2
64810 Commit act of indecency with person 16 years or over (DV)-T2
296 Commit act of indecency with person 16 years or over-T2
297 Incite person 16 years or over to commit act of indecency-T2
64811 Incite person >=16 years to commit act of indecency (DV)-T2

The Maximum Penalty - Act of indecency
According to NSW Law for the charge of Act of indecency,

The maximum penalty for the charge of act of indecency (Section 61N of the Crimes Act) is two years imprisonment.

In NSW, a court can impose any of the following penalties for an act of indecency charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

Local Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of act of indecency, if heard in the Local Court, is likely to be a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 2 years.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 6 months.

What the Police must prove according to NSW Law for Act of indecency

To convict you of an act of indecency charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You committed an act of indecency with or towards another person.

They will also need to prove that you were the person who committed the act of indecency offence.

Possible Defences under NSW Law - Act of indecency

Possible defences to a act of indecency charge include but are not limited to:

In NSW which court will hear the matter - Act of indecency

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for an act of indecency charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for an act of indecency charge: When deciding the amount of a fine for a act of indecency charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for an act of indecency charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for an act of indecency charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for an act of indecency charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for an act of indecency charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an act of indecency charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for an act of indecency charge: This is the most serious penalty for the charge of act of indecency and involves full time detention in a correctional facility. Read more.

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