Nathan Joshua Turner appeals sentence for touching train passenger’s breasts, postie bike joy ride

A man was on bail for drunken and lecherous behaviour on a train, in which he rubbed a woman’s breasts, when he stole a postie bike and went for a joy ride, a court has heard.

A man should have been keeping a low profile and attending alcohol counselling after being charged with two counts of sexually touching a woman on a train, assaulting another passenger and generally carrying on in an offensive manner.

Instead he spotted an unattended Australia Post motorcycle two months later and thought he’d go for a joy ride where he crossed onto the wrong side of the road and dodged oncoming traffic before dumping the bike in the backyard of a house at Toukley, a court has heard.

Nathan Joshua Turner, 28, of Gorokan. Picture: Facebook

Nathan Joshua Turner, 28, of Gorokan, appeared via video link at Gosford District Court on Monday where he appealed the severity of his sentence.

Turner had pleaded guilty to six offences in Wyong Local Court on June 22 and was sentenced to 15 months jail, with a non-parole period of 10 months.

Turner was sentenced in Gosford District Court. Picture: NCA NewsWire / David Swift

His Legal Aid solicitor told the court while his offending did warrant a custodial sentence she argued it could be served in the community as an intensive corrections order.

She said he was due to begin alcohol counselling before his second arrest for stealing the postie bike and if the Judge was against them, he should be given less time in custody and more time on parole because it was his first time in jail.

The court heard Turner had been drinking on March 30 when he boarded a Sydney-bound train at Wyong shortly after 6pm.

Turner was seen harassing passengers before telling one woman “I like your dress”.

The court heard Turner started groaning and stroking the luggage of a young woman “in an inappropriate manner” before rubbing her breasts for about eight seconds.

Turner got off the train at Epping Station where he made an idiot of himself. Picture: file

Turner walked off to bother other passengers before returning to the same woman and rubbed her breasts again while she tried to use a bag to “protect herself”.

The court heard Turner got off at Epping Station and was captured on CCTV making an idiot of himself to other passengers, getting in their faces, gesturing to fight males, “air kicking” at City Rail staff and trying to grab women.

He was later arrested at Central Station and charged with two counts of sexual touching, common assault and behaving in an offensive manner.

The court heard Turner was on bail awaiting the outcome of these offences when he was at a bus stop at Gorokan about midday on June 3.

Turner spied an Australia Post motorcycle idling in a driveway 20m away as the rider went to deliver a parcel and “jump on it and take off at speed in a easterly direction”.

Turner spotted an idling postie bike, which had been left in a driveway while the postman delivered a parcel and took off. (File AAP Image / Angelo Velardo)

An agreed set of facts states he crossed the Toukley Bridge before mounting the median strip, crossing onto the wrong side of the road and dodge oncoming traffic.

He later dumped the bike in a nearby backyard, telling police “it was just a stupid mistake” when he was charged with stealing a motor vehicle, driving recklessly or dangerously and driving while disqualified.

Judge Tanya Bright said it was clear Turner had a “significant issue with alcohol” and the offences on the train were aggravated given the female victim was alone and he approached up to eight people.

“Commuters must have confidence that they will be safe when they travel using public transport,” Judge Bright said.

She reduced his overall sentence to 12 months jail and the non-parole period to six months.

With time served he will first be eligible for release on December 21.