Dalby District Court: David John Walker Powell jailed following sexual relationship with child

A Dalby sex offender labelled by a psychologist as a ‘moderate risk’ of reoffending will be released from jail in just months, after pleading guilty to preying on another child.

David John Walker Powell was sentenced in Dalby District Court after he pleaded guilty to one count of maintaining an unlawful and sexual relationship with a child under 16. Picture: Facebook

A man who was described as “exploiting” a child for his “own sexual gratification” will be released from jail after a matter of months, despite a psychologist reporting he was a “moderate” risk of reoffending.

David John Walker Powell faced Dalby District Court for two counts of maintaining an unlawful and sexual relationship with a child under 16.

He pleaded guilty to one count and was found not guilty by a judge-only trial held by His Honour Judge Dennis Lynch, which took two-and-a-half days.

In reference to count one, which Powell pleaded guilty to, the court was told between May 31, 2011 and March 29, 2013 the father of three inappropriately touched the victim.

Powell admitted to “unlawfully touching” the girl while visiting his friend’s house.

“On the occasions you described, you took advantage of the opportunity to exploit the complainant’s young age for your own sexual gratification,” Judge Lynch said.

“The complainant was very young and therefore vulnerable and she was in a position where she could be taken advantage of.

“You used your position with her family that is one of trust and friendship in order to take advantage of a child.”

Crown prosecutor Natalie Lima submitted a victim impact statement to the court which detailed the trauma the victim now lives with.

“Your conduct has had a significant psychological impact on her over many years,” Judge Lynch said.

“This has been a difficult exercise for the complainant, it was only (recently) that she properly understood the impact of what occurred and was able to reach out to others.

“It is to her great credit that she has done so.”

The court was told the man committed the offence either before or at the same time he was charged for indecent treatment of a child under 12 on March 28, 2014. For that charge he was sentenced to 12 months’ jail, suspended after serving three months.

Judge Lynch also noted the man had “similarly offended against” other adult women.

The court was told the man had engaged in psychological treatment prior to the current charges, and demonstrated remorse for his actions.

Judge Lynch acknowledged Powell’s psychologist report, which outlined mental health concerns such as anxiety and depression, as well as childhood trauma from his father’s death.

“Actual imprisonment will be more onerous on you than the average person because of the risk to mental health and rise of self-harm,” Judge Lynch said.

Just days prior to the man’s trial beginning, defence lawyer Frank Martin asked the court for Powell’s bail to be revoked due to his being homeless and in need of shelter in the lead-up to his sentence.
Judge Lynch ordered it revoked and Powell was remanded in custody.

Powell pleaded guilty to one count of maintaining a sexual relationship with a child under 16 and was sentenced to 18 months’ jail to be suspended after he serves three months.

Judge Lynch declared four days of pre-sentence custody as time served.