Man pleaded guilty to indecent treatment of 13-year-old boy at North Mackay during game of hide and seek

The 13-year-old boy had entered a bedroom at a North Mackay home during a game of hide and seek when the man pushed him to the floor.

Man avoids time in jail over sex abuse against 13-year-old boy.

A quasi uncle has avoided spending any time in custody after he twice sexually abused a 13-year-old boy during a game of hide and seek at North Mackay.

The teen had been at the man's house with other children when the offending occurred between November 2019 and February 2020.

Mackay District Court heard the man was considered an "uncle figure" to the boy.

Crown prosecutor Nicole Friedewald said the kids began "playing a game and hiding from each other", during which the boy entered a bedroom to look for the other children.

"The (man) followed him and pushed him to the floor," Ms Friedewald said.

The court heard the man got on top of the teen and rubbed his penis over the boy's clothing - the victim told him to get off, but the man did not for some time.

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Ms Friedewald said the man pushed the boy again, this time onto the bed, sat on top of him and again rubbed his penis over his clothes.

The court heard when the boy's mother arrived to pick him up, as they were leaving the man "moved towards him in an intimidating manner".

The man, aged in his 30s, pleaded guilty to indecent treatment of a child under 16 at North Mackay.

The court heard he told police he touched the boy for a few seconds "in the context of a wrestling game … to see the (victim's) reaction" - he claimed he then told the teen not to let anyone touch him there.

Ms Friedewald said the Crown did not accept this claim, and she described the conduct as opportunistic but deliberate - although she told the court it was considered "low level" for that type of offence.

Defence solicitor Ali Rana, of Armstrong Lawyers, pushed for immediate release arguing there were exceptional circumstances.

The court heard anyone convicted of child sex abuse must spend time behind bars unless there are exceptional circumstances.

Mr Rana said the touching was brief and over the boy's clothing - he also told the court alcohol had played a big part in the offending.

The court heard the man, who cannot be named for legal reasons, had issues with alcohol since age 17, but had since reduced his consumption to only on weekends.

Mr Rana said his client had taken proactive steps to address his alcohol issues including therapy and meditation.

The court heard he had a job he would be able to keep even with a conviction, but would lose the job if he was jailed. He also entered an early guilty plea.

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"The nature of the offending is not so significant so as to overburden those other circumstances," Mr Rana said.

Judge Ian Dearden said cases such as this were "always difficult and delicately balanced" but agreed there were exceptional circumstances and an immediate release was appropriate.

But he told the man he should consider taking the next step in relation to removing alcohol from his life, since it was linked to his offending.

The man was jailed for nine months wholly suspended for two years. A conviction was recorded.

Originally published as Man pleaded guilty to indecent treatment of 13-year-old boy at North Mackay during game of hide and seek