Father commits ultimate ‘betrayal of trust’ against minor during binge-drinking session

The Mackay man was told he “really upset” the child under 16 when he could not keep his hands to himself on three separate occasions while binge drinking.

A judge has told a Mackay father he was being kept out of jail under “exceptional circumstances” after he broke the trust of a minor during a binge-drinking session.

Judge Julie Dick told the Rural View man, who cannot be named for legal reasons, he “really upset” the child, aged under 16, when he could not keep his hands to himself on three separate occasions.

His offending carried a maximum penalty of 14 years’ jail.

Crown prosecutor Samantha O’Rourke said the 44-year-old man had a close relationship with the minor’s family, making his crimes a “breach of trust” worthy of six months’ jail as the head sentence.

Mackay District Court heard he indecently treated the child between August 25, 2013 and February 2, 2016 in Townsville and a further two times on or about January 3, 2018 at Sarina Beach.

Defence barrister Scott McLennan said his client worked as a Mackay painter and decorator and his partner was in court to support him, the pair sharing a child together.

“(He) developed a drinking problem in 2017,” Mr McLennan said.

“He was intoxicated at the time of committing.”

Mr McLennan said his client had sought help for his binge drinking and had managed to reduce his consumption to a manageable level.

“He also sought counselling from a psychologist … and also did some counselling in relation to domestic violence,” Mr McLennan said.

He asked for a six-month prison sentence to be suspended for 12 months under “exceptional circumstances”.

Judge Julie Dick said the case met the exceptional criteria under law as it was his first instance of this offence and he had no relevant prior offending.

“I do hope you have got hold of your drinking,” Judge Dick said to him.

“You’ve upset the family, you've upset a child and you're in the criminal dock because you couldn't keep your hands to yourself while you were drunk.

“I’ve read the victim impact statement, you really upset this girl.

“It’s not the actual touching, it's the betrayal of trust, they don't know what to make of it.”

Judge Dick sentenced the man, who pleaded guilty to three counts of indecently treating a person under 16, to six months prison wholly suspended for one year.

“It’s almost at the lowest possible range for this type of behaviour,” she said.

“Doesn’t make it good, just that these offences can be so much worse.”