FULL LIST: When Southern Downs offenders will be back on the streets
From vile child predators and drug offenders to opportunistic attackers who targeted residents across the region, these are offenders who have caused harm to the Southern Downs. See when they will be released back on our streets.
Police & Courts
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From vile child predators and woman bashers to opportunistic attackers who targeted residents and businesses across the region, these are offenders which have caused harm to the Southern Downs.
See the faces of the region’s jailed offenders who are due to return to our community soon, or have done so.
2023
RICKY WILLIAM WESTON
A Stanthorpe dad was jailed but is already eligible for parole after he attempted to burn a police car and a family home while in a drunken state.
Ricky William Weston pleaded guilty to endangering property by fire (domestic violence offence) contravention of a DVO, and endangering property by fire.
The 41-year-old’s offending occurred on April 18, at a Stanthorpe address where the man arrived to help with chores, and began drinking wine and quickly began causing a ruckus at the home to members of the family.
“He was asked to leave but quickly became paranoid and consumed more alcohol, he was told to leave again before he was locked inside a room,” Crown prosecutor Sam Rigby told Warwick District Court in November.
The court was told Weston attempted to smash through the interior door with a pickaxe, before burning a piece of paper to set the door alight. The fire was put out with the help of neighbours, but the door was severely burnt.
It wasn’t much later when Weston attempted to set the police vehicle on fire, lighting up the seat – particularly the arm rest – causing more than $1000 damage to the vehicle.
Mr Rigby labelled the former panel beater’s conduct as “highly dangerous” showing “flagrant disregard” to the occupants of the house, with the possibility of the fire spreading being a “real danger”.
Weston was sentenced to one year and nine months in jail for lighting the fire in the family home, and 12 months for the police vehicle fire, to be served concurrently.
Judge John Allen KC declared 213 days in custody as time served and set a parole eligibility date of November 17, 2023.
WARWICK MAN
A disturbing offender’s heinous crimes against two women led him to face court earlier in the year.
The Warwick man – who cannot be named for legal reasons – lived across the southwest including Roma, Dalby, Gatton, Millmerran and Toowoomba, faced court in the Rose City in October.
Appearing via videolink from lockup, the man pleaded guilty to unlawful assault, sexual assault and wilful damage, charges which dated from the previous month, September 2023.
The court was told the man met the victim only 12 months before the offending, and she would “escape to the bedroom to hide from him” whenever he was drinking.
On one occasion, the victim arrived home to be met with “instant” verbal abuse.
The court was told personal items were smashed and strewn on the floor, and the TV was knocked over and damaged. The woman also found faeces on the bathroom floor, and smeared around the house.
The man violently lashed at the woman, punching her in the face, after the woman confronted him about the mess.
The court was told on other occasions the man called the woman an “inbred dingo dog” and other horrific sexual remarks towards her.
The man also sexually assaulted a second woman in a separate incident, after the man turned up to the woman’s address with a box of wine, where he groped her breast.
For the sexual assault charge, the man was sentenced to six months’ imprisonment, suspended for eight months.
He was sentenced to nine months’ imprisonment, but released on parole immediately, with 30 days in custody noted as time served.
His parole date was October 18, 2023.
NATHAN YEO
A man who pummelled a woman in the face so severely it snapped off her tooth leaving the root exposed, went on to hold a knife to her throat and yell at her while she writhed in pain.
Nathan Thomas Yeo brutalised the woman between December 28, 2021 and January 6, 2022, inflicting a series of sickening assaults on the woman.
Yeo pleaded guilty to two counts of assault occasioning bodily harm, four of assault and one each of choking, threaten with intent to compel, and attempting to pervert the course of justice.
The Warwick District Court in March of this year was told Yeo, who was recently sentenced for smuggling drugs into jail, called the woman a dog and referred to her bedroom as her “kennel”.
Judge Amanda McDonnell recounted the harrowing attacks, which saw the woman seeking treatment at hospital twice in just days for significant mouth injuries.
During the same day, he shoved the woman into a bench before unleashing a horrific assault, punching her in the face and smashing in her two front teeth, causing “immense pain”.
While on remand, Yeo contacted the woman and threatened her with further violence if she didn’t tell police she’d lied about the attacks out of jealousy.
The court was told the 32-year-old was sentenced to three years’ jail for smuggling drugs into jail in 2022.
He also has an “extensive” criminal history across NSW and Queensland, including domestic violence and drug offences.
Yeo will be eligible for parole on November 10, 2023
2024
BENNIE DWAYNE MCCARTHY
Mccarthy’s drug fuelled crime spree targeted multiple Warwick businesses and disturbingly involved the man instructing a minor to rob a Warwick jeweller for him on one occasion.
On the afternoon of August 1, 2023, a Rose City Shoppingworld business was targeted indirectly by McCarthy, who had procured a child to try on a 60cm gold chain valued at more than $2000.
The child ran out of the store and delivered the chain to McCarthy, who was waiting in a car parked nearby.
Defence lawyer Sarah Campbell said the father of two was introduced to drugs at the age of 13 or 14, and had been “diagnosed with anxiety, depression and schizophrenia”.
Magistrate Virginia Sturgess revealed the man had “substantial criminal history” with this occasion not being “the first time (he) had been convicted of enter premise offences”.
“There is no excuse, these offences are serious,” Ms Sturgess said.
“It’s a brazen offence committed by a child with your knowledge and assistance.”
Bennie Dwayne McCarthy pleaded guilty via videolink from custody on October 25, to seven charges including disposal of tainted property, two charges of enter premise, attempted enter premise, driving an unregistered vehicle, fail to stop for a stop sign and failing to comply with police request to stop vehicle.
McCarthy was sentenced to 15 months imprisonment, with 84 days in custody declared as time served.
McCarthy will be released on parole on January 2, 2024.
DANIEL PATRICK JAMES MARKEY
A sickening woman attacker will be at large in 2024, after serving less than a year, despite telling a woman he would murder her.
Daniel Patrick James Markey, 41, pleaded guilty in Warwick District Court to four charges, including stalking, assault occasioning bodily harm and common assault, as well as to a further seven charges of contravening a domestic violence order dating back to November 2020.
There were multiple instances of horrific offending over the month-long period, however, the most disturbing was an encounter Markey had with a woman where he grabbed the woman by the hair, ripping part of her hair from her scalp, and demanded oral sex.
He then struck her with a punch.
Markey also told the woman if she didn’t have sex with him, he would rape her.
The Crown detailed how the 41-year-old had a disturbing history including prior charges of drug offences, and a domestic violence incident in the past.
Judge John Allen KC told the man his behaviour deserved a “strong message which needed to be sent” and noted the man’s prior offending, declaring 85 days in custody as time served.
Markey will be released on parole on June 13, 2024.
MELINDA ORCHARD
Melinda Maree Orchard pleaded guilty in Warwick District Court on August 7 to eight charges related to a horrific night of terror that was inflicted on a young woman.
The charges included one count each of kidnapping, extortion, bestiality, stealing and possessing used utensils.
Further, the 51-year-old pleaded guilty to three counts of assault occasioning bodily harm while armed and in company.
The court was told that between February 25 and 26, 2022, Orchard, acting as an accomplice to her co-offender Duane Edward Nixon, participated in kidnapping and assaulting a young woman, holding her captive for between eight and nine hours.
The court was told that on the night of February 25, Nixon went to the home of a Warwick woman, and at knifepoint threatened her to get into his car.
He was later joined by Orchard, who drove to an address where the pair began to commit “depraved” physical abuse on the victim, including striking her legs with a metal object to prevent escape as well as “degrading and humiliating” acts.
Sickeningly, Orchard was instrumental in forcing the woman to engage in sex acts with a dog, which was filmed by the two offenders.
Judge Terry Gardiner described the offending as “terrifying” and “inhumane”.
Quoting the victim impact statement, Judge Gardiner said “there was no question the victim suffered and continues to suffer significant mental and physical trauma as a result of your conduct”.
Orchard was sentenced to six years in jail, with eligibility of parole after two, with Judge Gardiner declaring her 527 days in custody as time served.
Melinda Orchard is expected to be released in February, 2024.
2025 and beyond
STANTHORPE PEDOPHILE
A monster who took advantage of a young girl will be free after serving at least half his sentence.
The Stanthorpe man – who cannot be named for legal reasons – was a father figure to a pre-pubescent young girl, while the man is now in his 50s.
The man’s disturbing sexual interest in the pre-pubescent victim began against the victim when he twisted the pair’s night time routine into a perverse excuse to engage in sexual offending with the child, the court was told.
While tucking the child into bed, the man would “repeatedly” slip his hands under the blanket to touch the child’s genitalia.
The court was told the offending would progress years later, with the man using the excuse of hugging the child to touch and squeeze her breasts.
The man also bought sex toys and lubricant for the victim on multiple occasions, and told her he “dreamt of her naked”.
The man was found guilty of one count of maintaining an unlawful sexual relationship with a child under 16 by a jury in Warwick District Court.
“You took the opportunity to touch the child for your own sexual gratification, you were regarded as a father figure despite no blood relation,” Judge John Allen KC said.
Judge Allen listed the lengthy period of offending, youth of the victim, the gross breach of trust and parental relationship as aggravating features of the offending.
The man was sentenced to three years imprisonment, with eligibility for parole after half the sentence was served.
The man could be released on parole as early as May 22, 2025.
THOMAS JAMES CARLIN
A Darling Downs man with a history of violence and drug charges will remain behind bars after being busted with drugs and weapons by police.
Thomas James Carlin pleaded guilty on November 29, 2023 via videolink from custody to one charge each of possessing drugs and drug utensils, possessing medicine without a prescription, and a failing to secure a weapon charge.
The 32-year-old was busted on July 28 with meth, diazepam without a prescription, two scales and a straw for drug use, with police noticing he had a gel blaster which he failed to store properly, police prosecutor Sergeant Steve de Lissa said.
Magistrate Virginia Sturgess detailed grim past offending of the man, which dated back to 2009, including both drug and weapon offending in 2011, 2015, and 2017.
In August 2017, the man was sentenced to three years imprisonment for possessing drugs, and in 2018 was sentenced on a home invasion offence.
Carlin was sentenced to a cumulative six months in jail for the drug offences, and convicted and not further punished on other offences.
Parole eligibility was listed as 29 November, 2023.
He is expected to be released from custody regarding other legal matters on July 10, 2025.
MITCHELL BRENT GILL
The tragic death of a woman on holiday rocked the small families involved, including the family Mitchell Gill.
Gill, then 40, pleaded guilty to dangerous operation of a vehicle causing death, as well as driving over the middle alcohol limit after causing the tragic death of 46-year-old Nicole Therese Janson on May 14, 2021.
In 2021, Gill and four other families were enjoying a holiday at Sommerville Valley Tourist Park, near Stanthorpe.
Around 11pm, after a day at the winery, Gill made the decision to drive three members of the party to another cabin, a short distance up the road.
“(Gill) accelerated heavily and was told not to be silly by Mr Janson, to which there was no response, before the car began travelling on a straight stretch of road, at an estimated 80 km/h, which was too fast for the road and environmental conditions,” Crown prosecutor Jennifer O’Brien told the court.
A man in the front passenger spoke to Gill, which resulted in Gill taking his eyes off the road, before the vehicle veered to the left and as Gill attempted to overcorrect he eventually lost control of the vehicle.
The vehicle swerved over the other side of the road and crashed into a tree, impacting the back right of the vehicle.
By 11.45pm responders were on the scene of the crash, and found Ms Janson breathing slowly however she was unresponsive and after midnight she died as a result of head injuries.
It was hypothesised by forensics crash investigators that the vehicle could have been travelling up to 100 km/h five seconds before the crash.
Forensic analysis of the blood alcohol content revealed at the time Gill was driving the vehicle, his BAC reading would be in the range of 0.140 to 0.208 BAC.
“The consequences were catastrophic and resulted in the death of a mother,” Ms O’Brien said.
Judge Nathan Jarro slammed the actions of Gill during sentencing, calling it a “grossly foolish decision”.
“This tragedy onto the family is immense and it’s a burden the family will have for life,” Judge Jarro said.
Gill was sentenced to five years imprisonment to be suspended after serving 17 months and disqualified from driving for seven months.
He is expected to be released in July 2025.
STANTHORPE CHILD RAPIST
A Southern Downs man jailed for seven years after found guilty of “grotesque” child abuse, will be released in less than two years.
The Stanthorpe man – who cannot be named for legal reasons – was found guilty of eight charges relating to one boy; five counts of rape, and one charge each of maintaining sexual relations with a child, assault with intent to rape and threatening violence, in Warwick District Court in August.
Crown prosecutor Tegan Little noted the victim was only five years old when offending first began by the 39-year-old, and that the man was in a “position of authority,” and that there was a “significant breach of trust” with the offending.
What to do if you think a child is being abused
Following one instance of the man’s sexual offending against the boy, he pulled a pistol and threatened to shoot the child if he dared tell anyone about the man’s actions, which the Crown noted was an “aggravating” circumstance needed for consideration.
“The offending occurred in the family home, this is a place where he should have felt safe. There is a lack of remorse here,” Ms Little said.
“Your use of violence is deplorable. You threatened to kill a child if he exposed your offending,” Judge Gardiner told the man.
“You emotionally manipulated a child to suit your own grotesque ends. This is serious.”
Judge Gardiner said the child would be traumatised for the rest of his life, and sentenced the man to a head sentence of seven years’ imprisonment, with 16 months in custody recognised as time served.
The man is expected to be released in October 2025.
DUANE EDWARD NIXON
When vile rapist Duane Nixon of Gatton’s crimes came to light, Warwick and Queensland were disturbed beyond belief.
The man with a 20-year criminal history related to violent offending pleaded guilty in Warwick District Court to a string of charges relating to a horrific ordeal that took place over the course of nine hours on February 25 and 26, 2022.
Nixon and co-offender Melinda Orchard over nine hours subjected the woman horrifying physical abuse, including striking her legs with a metal object to prevent escape as well as “degrading and humiliating” acts.
Nixon also raped the woman.
The 51-year-old barely spoke during sentencing besides pleading guilty to one charge of kidnapping, sexual assault, stealing, extortion, bestiality as well as two charges of torture, and three charges of assault occasioning bodily harm while armed in company and rape.
In June of this year, Judge Dennis Lynch KC said Nixon was a “danger to the community” and the woman had suffered “unspeakable acts of cruelty” at his hands.
“Your sentence needs to denounce your conduct and record your appalling lack of humanity involved in your behaviour and primarily protect the community by preventing you from being in a position to subject anyone else to that for a significant time,” Judge Lynch said.
Nixon was sentenced by Judge Lynch to 10 years’ imprisonment, with a non-parole period of eight years.
With Nixon’s history of disturbing violent crime towards women, it is understood he is unlikely to be released until 2033.
PAROLE DENIED
Peter John Van de Wetering
A notorious rapist who drugged and raped a 19-year-old German backpacker in a shearers‘ quarters near Stanthorpe will likely remain behind bars after a judge decided he was too much of a risk to the community.
Peter John van de Wetering, now 55, was sentenced to nine years in jail for a horrific sex crime on a woman in 2013, which he had planned for months.
He advertised a job for a nanny to lure the woman to Cottonvale, where he met her as she hopped off a bus.
Van de Wetering told psychiatrists after his sentencing “the attack was not sexually motivated, and he did it to deter backpackers and stop them from taking jobs from Australians”.
“This offending involves an entirely ruthless pursuit of a young and innocent woman for your sexual gratification,” Judge Terry Gardiner said during sentencing in 2016.
“You subjected her to a terrifying and degrading ordeal in an isolated location and you have caused her very significant ongoing psychological damage.”
Van de Wetering was sentenced to nine years in jail and declared a serious violent offender.
He was expected to be released from jail on October 6, however in September 2023, News Corp reported that Attorney-General Yvette D’Ath fought to keep him in prison or at least under strict supervision, arguing he was an “unacceptable risk”.
The Parole Board refused his application for parole due to his lack of accommodation, treatment needs and limited insights into his offending.
He is expected to remain behind bars until at least 2025.
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