Samuel Borgert pleaded guilty to repeated sexual conduct with a child

A former Brisbane touch footy identity who preyed on a vulnerable teenager has walked from court with a judge deeming he had served enough time.

Samuel Borgert leaves the Brisbane Supreme Court. Picture: Tertius Pickard

A former Brisbane touch footy identity who preyed on a vulnerable teenager has walked from court with a judge deeming he had served enough time.

Samuel Borgert pleaded guilty on Friday to repeated sexual conduct with a child under 16 over the course of about a year.

When the offences occurred some years ago Borgert was five years older than the victim, Brisbane’s District Court heard.

“It would happen at the park, in the defendant’s car, and it would also happen in the defendant’s house,” Crown prosecutor Emily Coley said.

“It was very regular occurrences of intercourse.

“He told her not to talk to her friends or her family about their relationship, clearly knowing that it was an unlawful relationship.”

Borgert was previously sentenced to 3.5 years jail in 2023 after pleading guilty to the same charge regarding a different victim.

That sentence was suspended after 12 months however Borgert was hit with the fresh offence, which occurred earlier in time, and remained in custody.

In a victim impact statement the mother of the current victim talked about her daughter’s pre-existing and ongoing vulnerabilities.

“There was clearly a level of trust placed in the defendant by the complainant’s mother … and it was that trust which was breached,” Ms Coley said.

Sam Borgert pictured in 2018

Borgert’s barrister Gary Churchill tendered character references from his client’s current girlfriend and two long term friends who “attest to his good character and his older friends, particularly, about his relative immaturity around the time of this offending.“

The court heard Borgert had “fragile personality structures” and autistic traits which explained his inability to “relate to people at that time more of his own age”.

Borgert was a leading figure of Brisbane Touch Rugby League, including as a player and official working as a venue manager and referee before he was charged in 2022 with the first offence.

The former B105 radio host and stand-up comedian had no criminal history at the time of the current offending.

Judge John Allen said the academic high achiever and “obviously very intelligent person” had engaged in an exploitative relationship which breached the trust of the victim’s mother.

“You prioritised your own sexual gratification over any potential harm you might have caused to the complainant,” he said.

“It seems that your personality and in particular, immaturity, at the time may have contributed to your offending behaviour.”

Judge Allen said Borgert had entered an early plea and totality was an important consideration given he had been in custody since October 2023.

He found there were exceptional circumstances that meant actual imprisonment wasn’t required.

“You have, for all practical purposes, actually served a term of actual imprisonment in relation to this offending, being that part of the pre sentence custody after the expiration of the 12 month term,” he said.

Borgert was sentenced to three years jail, immediately suspended, with 336 days of pre-sentence custody not to be taken as time served.