Thomas John Beale stalked teen into Mittagong McDonald’s to try to upskirt her

A western Sydney man followed a teenager and her younger brother into Mittagong McDonald’s and tried to take a picture up her skirt while she was ordering.

A “predatory” man who was recently released on parole stalked a 17-year-old girl into the Mittagong McDonald’s to try to take photos up her skirt without her knowledge.

Thomas John Beale, 39, appeared via video link in Moss Vale Local Court on Wednesday after pleading guilty to stalking and attempting to intentionally record an intimate image without consent.

The Lethbridge Park man was on parole for shoplifting and stalking offences when he went to the McDonald’s in Mittagong at 6pm on December 17 of last year. The court heard he watched as a teenage girl and her younger brother, who were travelling with their family for Christmas holidays, enter the building.

The court heard Beale followed the children into McDonald’s and stood behind the teen as she waited by the self-serve kiosk. CCTV footage from the shop shows Beale lingering behind the teen and playing with his phone in the corner of the room.

Thomas John Beale tried to take a picture up a teen's skirt at Mittagong McDonald's.

Court documents reveal he looked around before stretching out his arm to place his phone under the teen’s skirt in an attempt to photograph her private parts.

A witness saw what Beale was doing and shouted at him, which alerted the victim. Court documents reveal Beale fiddled with his phone before showing it to the victim to prove he hadn’t taken a photo.

The court heard he protested his innocence and walked away in the opposite direction of where his car was parked.

The police prosecutor said Beale exploited the situation by following the teen into McDonald’s and cornering her.

“He positions himself such that he’s able to take a photograph of her,” he said.

“There was a targeting of this child.”

However, Beale’s lawyer Michael Doughty argued the label of ‘stalking’ was inappropriate to describe his client following a stranger into a busy McDonald’s store.

“I submit that going into a store is not a case of stalking,” he said.

He also emphasised no photos had been found or circulated, despite a search of the phone. Mr Doughty noted Beale has a criminal record, including the stalking conviction for which he was on parole at the time.

“Most of his offences are opportunistic where there are a lot of people around,” he said.

The court heard Beale had a tough upbringing marred by bullying due to his hearing difficulties and exposure to drug use at the age of 11.

Police arrested Thomas John Beale a few days after the incident. Picture: Gaye Gerard

Magistrate Mark Douglass acknowledged Beale’s difficult youth but noted he had previously been convicted for similar matters in his “very extensive history”.

“I’m interested in him addressing the factors that keep getting him into trouble,” he said.

“In my view, this is predatory behaviour.”

Magistrate Douglass sentenced Beale to 14 months imprisonment with a non-parole period of seven months, to be backdated to his incarceration on December 20. Beale was also sentenced to a 20-month community corrections order to start on Wednesday.

The magistrate ordered him to undertake mental health assessment and treatment as needed, participate in programs as needed, and abstain from drug use.