Mackay father found guilty of child sexual abuse charge

A father has been labelled a ‘predator’ after he was convicted of child sexual abuse against his daughter’s friend. But he won’t have to spend any time in jail.

A South Mackay father has received a wholly suspended jail term after he was convicted by jury for child sex abuse against his daughter’s friend.

A Mackay father convicted of child sexual abuse after he “preyed” on his daughter’s friend will not spend any time in jail after a judge found there were “exceptional circumstances”, while the victim’s family watched on.

The nine year old had been sleeping over at his South Mackay home when the offending occurred in early 2022.

Mackay District Court heard at some point during the night the man and the two girls were in the same room when, while his daughter was distracted playing on a phone, he “preyed upon” the victim.

The court heard he rubbed her hip and thigh under her bike shorts and her stomach towards her genitalia over her bike shorts.

“It was predatory conduct, it was a clear breach of trust,” Crown prosecutor Matthew Sutton said.

“It occurred for more than just a single grope

“In my submission a term of actual imprisonment ought to be imposed.”

Mr Sutton pushed for nine months to serve half, saying the offending was too serious for a non custodial sentence.

The man, 49, had denied the charge of indecent treatment of a child under 12 under care, but was found guilty Wednesday morning following a trial.

Barrister Stephen Zillman argued the level of offending was “at the very lowest end of that scale”.

“It may fairly and reasonably be seen as a case involving exceptional circumstances,” Mr Zillman said.

“My client’s world has been completely turned upside down.”

The court heard he had not been able to see his children since his arrest more than 12 months ago, but he still provided for them financially.

Mr Zillman said his client was working to help support his family.

“He is to be sentenced in my submission for aberrant behaviour on the one occasion over a brief period of time,” Mr Zillman said.

Mr Zillman argued if his client was given a non custodial sentence the crown would be “hard pressed” to overturn it.

The court heard the nature of this charge meant anyone convicted must actually spend time in jail unless there were exceptional circumstances.

The little girl’s parents were in court for the sentence.

Judge Suzanne Sheridan accepted the conduct was at the lower end for this type of offence, while highlighting that was in no way meant to downplay the offending.

“Any sexual offending against a child is of course serious,” Judge Sheridan said, adding she accepted there was “extra curial punishment” in that the man had not seen his children for more than 12 months.

The man will also have to abide by strict conditions as a registered child sex offending for the next five years.

“The combination of factors here is sufficient to give rise to exceptional circumstances,” Judge Sheridan said.

He jailed the man for six months immediately suspended for 12 months. A conviction was recorded.