Tingalpa’s Caleb Joshua Byers faces Ipswich District Court for indecent treatment of 13yo girl

A young Tingalpa father, 21, shook with tears as he faced a court for having sex with a 13-year-old girl he met online — before dropping her to school the next day.

Caleb Joshua Byers, 21, leaves Ipswich Court on May 30, 2024. Picture: Nicola McNamara

A young father slept with a 13-year-old girl he met online and then dropped her off at school the next day, a court has heard.

Tingalpa apprentice mechanic Caleb Joshua Byers, 21, faced Ipswich District Court after pleading guilty to two counts of carnal knowledge and five counts of indecent treatment of a child under the age of 16.

Crown prosecutor Mitch Whelan said the charges all occurred over a short period of time in 2022 and involved the same victim.

He said Byers reached out to a 13-year-old girl online after she posted about wanting someone to hang out with her.

Mr Whelen said Byers picked her up from school and took her to his house where he asked the girl to shower with him.

“She said no initially but he persisted,” Mr Whelan said.

He said they had sex later that day, during which the girl asked Byers: “You know I’m 13, right?”

The court heard Byers responded “yes” before continuing.

They engaged in a number of sexual acts over the course of the following day, Mr Whelan said.

Byers then dropped her off at school the day after.

Mr Whelan said Byers’ offending was uncovered when the girl’s parents found messages between the two on a device.

They messaged him, asking to drop their daughter home – which he did.

Byers admitted to police that he knew the girl was still in school, but denied knowing she was under 17.

He also denied all sexual offending against her.

The court heard Byers also lied to a friend at one stage that the girl was actually 17.

As Byers listened to the facts being read out he put his head in his hands and was shaking with tears.

He continued to cry throughout much of the proceedings.

Caleb Joshua Byers, 21, leaves Ipswich Court on May 30, 2024. Picture: Nicola McNamara

Judge Benedict Power said there was no suggestion the 13-year-old was forced to engage in the acts with Byers.

But he noted she had displayed some initial reluctance and that Byers was the “controlling person” throughout their interactions.

The court heard Byers would be required to spend some time in actual custody for his offending, unless the judge found that exceptional circumstances applied.

Defence barrister Edwin Whitton stressed that Byers was only 20 at the time, had no criminal history and had pleaded guilty.

The court heard Byers had had a difficult upbringing, but now had the support of his grandmother and with his partner, who came to court to support him.

Byers struggled with a number of mental health conditions including depression, OCD and a personality disorder.

Judge Power noted Byers also suffered extra-curial punishment from being bashed in retribution for his offending.

He said he was satisfied a culmination of those features did amount to exceptional circumstances despite the seriousness of the offending.

“But I wish to stress to you that it is a narrow case in that regard,” he told Byers.

Byers was sentenced to two years’ jail, wholly suspended for two years.

He was further ordered to complete two-and-a-half years of probation and 60 hours of community service.

Convictions were recorded for all offences.