Matthew Lee Brands De Roos: Sentence appealed over sexual touching of teen outside Gosford nightclub

A man who touched a teenager’s breasts outside a nightclub in Gosford has described his own actions as “creepy”. Hear what happened when he appealed his sentence.

A man who touched a teenager’s breasts outside a nightclub in Gosford did not remember what happened until he was shown CCTV footage.

Matthew Lee Brandes De Roos said he hoped the man in the footage wasn’t him and, once he realised it was, described his actions as “creepy”.

Mr Brandes De Roos, from the Hunter Valley, appeared before Gosford District Court on Friday to appeal the severity of his sentence.

The 43-year-old pleaded guilty to one charge of sexual touching another person without consent and was sentenced to a 10 month intensive corrections order (ICO) at Gosford Local Court in March 2022. A condition of his sentence included home detention.

Mr Brandes De Roos initially appealed his conviction however this was abandoned due to the serious nature of the charge.

Matthew Brandes De Roos leaved court on Friday.

The court heard the agreed set of facts which revealed Mr Brandes De Roos was at Pulse Nightclub in Gosford on the night of May 11 2019.

At around 11.50pm, a 16-year-old girl had finished work and had arranged to meet a friend outside Pulse so they could share an Uber home.

The teen sat on a wall and was talking to two men before Mr Brandes De Roos came out of the nightclub and started talking to her, asking her age and commenting that she looked older.

When the two other men walked away, the girl texted her friend and Mr Brandes De Roos told her to put the phone down.

He walked over to her, wrapped a jumper around her from behind and then cupped her breasts and rubbed his thumbs over her nipples commenting that she was cold.

The girl texted her friend about what had happened and then walked away with Mr Brandes Dr Roos saying “don’t be leaving now”.

She found a security guard at the nightclub who helped her into a taxi and she reported the incident to police the following Wednesday.

Pulse Nightclub in Gosford.

During the severity appeal Mr Brandes De Roos gave evidence, describing his actions as “creepy” and said he didn’t realise what had happened until he was shown CCTV footage.

“When I saw the video footage I hoped it wasn’t me,” he told the court.

“I can’t imagine what she would be thinking at the time, or the next week or the next month.

“For a lady of 16, I can’t imagine her being able to forget it. For her to have a horrendous experience with a man, especially older than her, I see how it would affect your ability to be relaxed and happy with intimacy. It’s horrible.”

He explained how he was disorientated on the night due to painkillers he was taking, however wasn’t drinking alcohol.

“I walked outside feeling disorientated, I was talking to three people and then she was there alone,” he said.

“She was saying something about it being cold and then I leant my jacket and then for some reason my hands were … the word I would use was creepy.

“I feel very sad … I’ve got nieces close to that age, I couldn’t imagine how my brother would feel. For it to happen to someone young … I completely accept the person I saw in that video footage was me and no one else made me take the painkillers and be there that night. It was 100 per cent my own body that did it.”

Matthew Brandes De Roos has his sentence reduced.

He said he went out that night as he had recently moved to North Gosford and was lonely and trying to make new friends with people that invited him out. He was getting ready for bed when he received a message, took an energy drink and headed for the nightclub.

Mr Brandes De Roos said he doesn’t remember the night and woke up the next morning in bushes near Gosford Private Hospital. He was charged with the offence 16 months after it happened.

Mr Brandes De Roos’s defence lawyer told the court there was no degree of planning in the offence which was more “opportunistic” and occurred outside clothing as opposed to bare flesh.

Judge Abadee upheld his appeal. Picture: David Swift

“This was out of character,” he said. “This is not someone who appears in anti-social circles.”

He told the court Mr Brandes Dr Roos had been misusing prescribed medications and alcohol following a serious leg injury in 2016, however had been rehabilitating and doing everything possible to return to being a “better person”.

Judge Alister Abadee said Mr Brandes Dr Roos gave powerful evidence acknowledging the harm to the victim, accepting responsibility and taking steps towards rehabilitation.

“He is remorseful and showed genuine insight,” he said.

However he highlighted that the offence was serious and “the fact that they are strangers is even more shocking”.

“Sexual touching of any kind is deplorable,” he said.

Judge Abadee upheld the appeal and sentenced Mr Brandes De Roos to a community corrections order for 17 months and 16 days, taking into account time he has already served in home detention.

He also ordered he undertake 100 hours of community service, remain under supervision of his doctor and abstain from alcohol.