Mackay father sexually exploited 10-year-old stepdaughter

A Qld father sexually abused his young stepdaughter for months, sometimes while her mother was sleeping in the same room.

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A father exploited his position of trust and repeatedly molested his 10-year-old stepdaughter for months, sometimes while her mother was sleeping in the same room.
Twice the little girl told her mum, who did not believe her partner was capable of the vile offending.

Mackay District Court heard one time her brother walked in and challenged the man, telling him he should not be touching his sister in that way – the man just told the boy to be quiet and get out of the bedroom.

The man, who cannot be named for legal reasons, repeatedly molested the little girl over three months between late 2023 and early 2024 in the Mackay district when the man would touch her genital area over her clothes.

Crown prosecutor Ashley Gaden said it would often happen when he was drunk and in “incredibly brazen circumstances” – he would sneak into her room she often shared with other siblings.

The court heard sometimes her mother was asleep in the same room.

Ms Gaden said he would check to make sure the mother was asleep “when he acted in his abhorrent way”, adding it was deeply concerning her pleas to stop did not deter him.

She submitted it could be inferred he knew what he was doing was wrong and kept going anyway.

The court heard this offending occurred after he had been released on a suspended jail term when he told the magistrate “he would get his act together and keep out of trouble” Ms Gaden said.

It came to light after the little girl, encouraged by her siblings, told her biological father and his partner, and the man was arrested and charged soon after.

The court heard he had a seven page criminal history, but no prior entries for sexual offending. He pleaded guilty to repeated sexual conduct against a child and has spent just under 10 months in custody on remand.

Ms Gaden argued while there was no evidence of penetrative or skin on skin contact, it was so repetitive it was hard for the girl to particularise each time.

He was “able to exploit his position of trust as someone she considered to be her grandfather”,” Ms Gaden said, pushing for between three and four years jail and submitting it was open for the entire suspended sentence to be activated.

Defence barrister Sean Franklin argued the man had not had the opportunity to change any behaviour in the time he had been released on the suspended jail term, submitting the offending was “for the shortest period of time” and never skin on skin.
Mr Franklin said his client’s pleas of guilty also meant the child victim did not have to give evidence during a trial.

“He’s not a hopeless case here. He does have kids,” Mr Franklin said, adding his client had not seen or spoken to them since he was arrested. “He wants to be a dad.”

The court heard the man had longstanding issues with drug and alcohol use.

Judge Michael Byrne KC accepted the man had a prejudiced upbringing, and highlighted how he had told his lawyers he was also a victim of sexual offending that had affected him greatly.

“It’s difficult to understand why he would do the same to a child who considered you to be her father,” Judge Byrne said.

“Our children have to be protected. It’s as simple as that.”

The man was jailed for three years and nine months with parole eligibility in August 2025. A conviction was recorded.