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Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Sexual Offences - NSW
Welcome to the NSW Obtaining benefit from child prostitution article page. Everything you need to know about Obtaining benefit from child prostitution according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Obtaining benefit from child prostitution
According to NSW Law for the charge of Obtaining benefit from child prostitution,

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
67845 Obtain benefit from child (under 14 yrs) prostitution-SI
420 Obtain benefit from child prostitution-SI

The Maximum Penalty - Obtaining benefit from child prostitution
According to NSW Law for the charge of Obtaining benefit from child prostitution,

The maximum penalty for the charge of obtain benefit from child prostitution (Section 91E of the Crimes Act) is 14 years imprisonment.

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

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

Likely Penalty

District 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 obtaining benefit from child prostitution, if heard in the District Court, is likely to be a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.

What the Police must prove according to NSW Law for Obtaining benefit from child prostitution

To convict you of an obtain benefit from child prostitution charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You received money or any other material benefit;
  2. You knew that it was derived directly or indirectly from an act of child prostitution.

They will also need to prove that you were the person who committed the obtain benefit from child prostitution offence.

Possible Defences under NSW Law - Obtaining benefit from child prostitution

Possible defences to an obtain benefit from child prostitution charge include but are not limited to:

In NSW which court will hear the matter - Obtaining benefit from child prostitution

This matter is strictly indictable which means that it can only be finalised in the District Court.

Section 10 for an obtain benefit from child prostitution 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 obtain benefit from child prostitution charge: When deciding the amount of a fine for an obtain benefit from child prostitution 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 obtain benefit from child prostitution 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 obtain benefit from child prostitution 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 obtain benefit from child prostitution 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 obtain benefit from child prostitution charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for an obtain benefit from child prostitution 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 obtain benefit from child prostitution charge: This is the most serious penalty for an obtain benefit from child prostitution charge and involves full time detention in a correctional facility. Read more.

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