Toowoomba man Caleb Joel Kirby, 42, pleads guilty to child rape and indecent treatment of a child
A man who pleaded guilty to raping and abusing an eight-year-old boy will not spend a day in jail for his crimes, a Toowoomba court has heard.
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A Toowoomba dad who raped and molested a young child when he was a teenager has escaped jail time due to ‘exceptional circumstances’.
Caleb Joel Kirby, 42, admitted in a Toowoomba District Court to raping an eight-year-old boy and inciting him to perform sexual acts as part of a wicked game from 1998 to 2000.
The now father of two pleaded guilty to six counts of indecent treatment of a child under 16 (under 12), one count of rape and one count of attempted rape before Warwick District Court on October 11, 2024.
He was sentenced in Toowoomba District Court on Thursday, October 17, more than 25 years after he committed the heinous acts.
The court heard Kirby, from the age of 15, would go to the young boy’s home when he was alone and force him to undress.
“It came about as some sort of game the defendant had made up where the loser of it undressed and walked around the room,” Crown prosecutor Luke Smoothy said.
“It progressed from that occasion.”
Kirby coerced the child to perform sexual acts on him, also molesting the boy on more than one occasion.
“The defendant told him, at that point, that it was OK to experiment,” Mr Smoothy said.
Progressing further, the then-teenage Kirby viciously raped the boy in one instance and attempted to rape him a second time following this event.
The abuse was brought to light in 2019 following a recorded phone call in which Kirby admitted to and apologised for his crimes.
Mr Smoothy said the victim had suffered severe emotional, physical, financial impacts in the years since.
“He said he feels entirely alone almost all the time,” Mr Smoothy said.
Defence barrister Scott Lynch KC said Kirby was a victim of abuse as a child, arguing exceptional circumstance such as remorse, rehabilitation and his own vulnerability precluded him from actual jail time.
“The court must have regard to the fact that the offender was a child at the time the offence was committed and the sentence that may have been imposed on the offender if sentenced as a child,” Mr Lynch said.
“He was a youthful person at the time.
“His admissions and genuine contrition should also be taken into account.”
The barrister added Kirby had engaged psychiatric and psychological help following the damning phone call in 2019.
“He attended upon, on his own volition, his psychologist because he wasn’t coping,” Mr Lynch said.
“There has been significant rehabilitation by him upon recognition of the offending.”
Judge John Allen KC rejected Kirby’s claims that mental health struggles contributed to his offending.
“Other than a comment in the (doctor’s report) of you suffering from a disorder that started 20 years ago the only other medical material involves you seeking psychological support for anxiety and depression following upon your being charged,” Judge Allan said.
He concluded that exceptional circumstances were in place, meaning a term of actual imprisonment deemed unnecessary.
“Sentencing someone for such serious offending after such a long period of time during which they have not reoffended and have been of good character is difficult,” he said.
“I have to punish you in a way that is just in all the circumstances.
“(I accept) the pleas of guilty do reflect genuine remorse on your part for your offending.”
Kirby was sentenced to two years and six months imprisonment, wholly suspended for a period of three years.
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Originally published as Toowoomba man Caleb Joel Kirby, 42, pleads guilty to child rape and indecent treatment of a child
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