Thomas James Irving charged with allegedly raping 12-year-old Taree girl

A western Sydney man allegedly raped a 12-year-old girl – and police will rely on her diary entries as evidence. See the latest from court.

The sexual assault allegations were “corroborated” in the alleged victim's diary, according to police, a court has heard.

A man with an extensive criminal history is facing child sex charges after allegedly raping a 12-year-old girl.

A man with an extensive criminal history is facing child sex charges after allegedly raping a 12-year-old girl, a court has heard.Thomas John Irving, 45, pleaded not guilty to three counts of intentionally doing a sexual act with child (above 10 and under 16), three counts of intentionally sexually touching a child (above 10 and under 16) and two counts of aggravated child sexual assault (above 10 and under 16).

Irving faced Blacktown court while in custody, seeking bail on May 2.

The man from Glendenning is alleged to have raped the girl who resides in Taree, as heard in court.

Blacktown court.

The alleged victim claimed Irving was sexually touching her, which was “corroborated” in a diary entry, the court heard.

Magistrate Brian Van Zuylen said the alleged victim was interviewed by Tamworth Child Abuse Squad and disclosed the allegations.

Legal Aid solicitor Charlotte Dubois said Irving was specially vulnerable in custody, due to a diagnoses of institutionalisation, schizophrenia and being Indigenous.

Ms Dubois said the victim could be protected by the five hour distance between Taree and Sydney while the delay in the case may affect Irving’s mental health.

“If bail’s refused, there will be a lengthy delay with months – or even years until a District Court trial,” Ms Dubois said.

The court heard Irving suffered from institutionalisation.

Ms Dubois said the alleged offences before the court appeared “out of character” for Irving.

Included in Irving’s “16-page criminal record” were multiple convictions for aggravated break and enters, stealing, malicious wounding, bodily harm assaults and choking – where he spent several years behind bars, the court heard.

On one matter, the court heard Irving was sentenced to a ten year non parole prison sentence.

“The court must look at the extensive record of violence,” Mr Van Zuylen said in considering Irving’s release.

“An alleged aggravated sexual assault of a 12 year old girl is very serious,” Mr Van Zuylen said.

Irving was refused bail – before standing up and abusing Mr Van Zuylen from the booth.

“F*ck off,” Irving said as he was taken back into custody.

Irving will next face Penrith court on June 30 for brief status (committal).