Mackay region man given immediate release after pleading guilty to child sex abuse charges

Lawyers for a man who raped his half sister and pressured his underage girlfriend into having sex said this type of behaviour was normalised for him growing up. Warning: Distressing content

A Mackay region man pleaded guilty to six offences including orally raping his own half sister.

Shocking details of a horror house of child sexual abuse have been revealed as a young man involved in the vile behaviour was released from jail while one of his victims looked on.

At this home, just off the Bruce Highway south of Mackay, young girls were allegedly plied with alcohol by the father of two boys engaging in sexual conduct with underage teens, a court heard.

The younger of the two brothers orally raped his nine-year-old half sister when he was aged 15 to 17.

Crown prosecutor Katrina Overell said he walked into her room, said hello and then forced his penis into her mouth.

Then when he was 18, he groomed his sister’s 13-year-old friend offering to buy her alcohol pops for oral sex.

Ms Overell said at the time the child had been in a sexual relationship with his older brother “and (allegedly) plied with alcohol by (his) father”.

Mackay District Court heard he was in a relationship with another 13-year-old girl, also introduced through his half sister.

“He bought her sex toys and they showered together,” Ms Overell said, adding he later also wanted to buy condoms so they could have sex but she was reluctant to do so.

The court heard sometime between 2020 and 2021 he pressured her into having sex briefly before she told him to stop.

Ms Overell said some of the sexual activity happened when his brother was in the same room with another young girl.

He also possessed 24 images and videos of his underage girlfriend that she sent him.

The young man was arrested in March 2022 and remanded in custody, along with his older brother and father, and had since spent 356 days in jail.

The now 22 year old pleaded guilty to six offences including rape, carnal knowledge of a child under 16, indecent treatment of a child under 16 and possessing child exploitation material involving three victim children.

“Of high relevance … is the need to protect other children from (him) because of the number of victims,” Ms Overell said.

“And it appears from the environment he was brought up in this type of behaviour was normalised.

“He will require some form of re-education about boundaries with young people.”

The court heard one of his victims was seated in the back of the gallery for the sentence.

Defence barrister Stephen Zillman said his instructions were his client “did indeed come from a dysfunctional environment at home”.

The court heard his father “faces serious charges yet to be determined” and remained in custody on remand.

The case against his brother, who offended against eight victim children, was finalised in Mackay District Court on March 2 – he was jailed for six years with parole eligibility after two.

Mr Zillman said his client’s parents split up and while living with his mother he was exposed to drug use, and physical and sexual abuse from his mother’s boyfriends and male friends.

He said the rape did not involve any “gratuitous violence”, was very brief and there was no attempt to persist.

The now 22 year old pleaded guilty to six offences including rape, carnal knowledge of a child under 16, indecent treatment of a child under 16 and possessing child exploitation material involving three victim children.

Mr Zillman told the court the relationship had been “mutual” and there had been no suggestion of “any coercion or violence”.

The court also heard because the rape had occurred when he was by law a juvenile, he had to be sentenced as one on that charge.

Both the Crown and defence agreed there would be a benefit to a community based order, but Mr Zillman pushed for 18 months jail instead of two years and with immediate release.

If so, the court heard he would move back to the Mackay region.

“The nature of your attack on your half sister is concerning when considered against the background of the other offending,” Judge Vicki Loury said, adding his offending against three victims “might suggest some sort of inappropriate sexual interest in children”.

“There is a need to protect the community from you.”

Judge Loury accepted the man had entered early guilty pleas saving his victims from having to give evidence and acknowledged he had spent a long time in custody for a young man with no criminal history.

She sentenced him to 365 days jailed with immediate release on a two-year probation order. Convictions were recorded.