Matthew James McDonald sentenced in Mackay court
A registered Queensland sex offender who was under 24 hour supervision has been found with damning child material. Read what else he was nabbed for.
Police & Courts
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A registered child sex offender has been caught having multiple conversations with a five-year-old, as well as secretly filming a teenager getting changed, a court has heard.
Matthew James McDonald, 27, faced Mackay Magistrates Court on five charges, just a fortnight after being sentenced for taking obscene photographs of children’s private parts at multiple Mackay stores including Bunnings and Kmart.
His latest court appearance relates to charges which predate those he was sentenced for two weeks ago.
Police prosecutor Sergeant Linden Pollard on Thursday said the Ball Bay Man had failed to report multiple contacts with a five-year-old girl over school holidays in 2018.
The court also heard McDonald, who is listed on the Child Protection Offender Register, twice had unlawful possession of mobile phones capable of capturing photographs and video.
McDonald used one of the mobiles to film an 18-year-old girl under a changing room at the Caneland Central Cotton On store in Mackay on September 21, 2018.
“The victim has removed all of her clothes on three occasions … exposing her breasts and vagina,” Sergeant Pollard said.
“Upon getting changed into the third outfit, the victim has looked down and observed a hand holding an iPhone pointed in her direction.”
The victim got dressed, blocked the exit to the change rooms with her hand, and confronted McDonald about the video recording before calling a staff member for help.
Sergeant Pollard said the employee questioned McDonald and he replied, “I had just dropped my phone and I didn’t realise it was recording.”
The phone was seized, and McDonald was arrested.
McDonald was again found with a camera-equipped mobile phone at a Stockland shopping centre on August 23, 2021.
Sergeant Pollard said officers found evidence of child material on the phone.
Defence solicitor Antoinette Morton, of Fisher Dore Lawyers, said McDonald had a “significant intellectual impairment” and had previously been under the care of an adult guardian in the public trust for 24 hours a day.
McDonald also received NDIS support and a disability support pension.
Ms Morton said charges had taken two years to proceed as they had been initially referred to a mental health court in June, 2020.
“He was on very strict bail conditions during that totality of that period,” Ms Morton said.
“He then committed a series of offences in 2020, he was remanded in custody for those matters.
“He achieved bail, committed the offences in 2021 … and remained in custody until the 4th of October, 2022, when he was sentenced (before Judge Lynham).”
She said McDonald had experienced “significant hardship” in his youth, including witnessing his father’s death and been the victim of abuse.
“McDonald has previously been the subject of probation and has received great benefit from ongoing one-on-one neuropsychological treatment and is endeavoured for those matters to continue,” Ms Morton said.
She said McDonald would require help to comply with reporting conditions, with his recent offences occurring at a time when his NDIS funding “was stripped quite significantly”.
The court heard McDonald had been living with his parents at Ball Bay under 24-hour supervision but the arrangement could not continue.
McDonald, who appeared via videolink from Capricornia Correctional Centre, pleaded guilty to three counts of failure to reply with reporting conditions, and one count each of observation of recording in breach of privacy, and breach of bail condition.
Acting Magistrate John Aberdeen said he took into account McDonald had already served 714 days in pre-sentenced custody, and issued no further punishment.
Convictions were recorded for all charges.
McDonald is eligible for parole on October 18.