Mitchell Adam Barber: Dubbo man escapes jail after sexually touching 15-year-old

A Dubbo man who was convicted of sexually touching a child has learnt his fate. Here’s how it unfolded in court.

Mitchell Adam Barber was sentenced to a two-year community correction order in Dubbo Local Court on Monday.

A Dubbo man who was convicted of a “spontaneous and opportunistic” sexual assault on a child has escaped jail.

Mitchell Adam Barber, 29, appeared in Dubbo Local Court on Monday after he was found guilty of intentionally sexually touching a 15-year-old at a hearing on November 1.

According to court documents, Barber “did intentionally sexually touch” the victim in Dubbo on December 11 last year.

He was arrested four days later on December 15.

In court on Monday, Barber’s lawyer Iain Andrew Todd revealed his client’s struggles with “anxiety and depression” to which he has “been medicated”.

Barber was sentenced at Dubbo Local Court.

Mr Todd, who gave his submissions during the hearing, said there were two further points he wanted to raise.

“The sentencing assessment report (SAR) [said] the offender is suitable for community service and also that he acknowledged the impacts on all people involved in this matter,” Mr Todd said.

“In their assessment … the offender [has a] low risk of reoffending and in the psychological report from community corrections, there is also reference to the availability in the community of the offender attending sex offender programs.”

Mr Todd explained how a community based sentence was more appropriate “other than full time custody”.

In sentencing Barber, Magistrate Brian van Zuylen highlighted the result of the hearing, explaining to the court the 29-year-old was convicted on the last occasion.

Mitchell Adam Barber outside Dubbo Local Court on Monday.

Magistrate van Zuylen read out the overall arguments from both parties, saying the prosecution believed this offence “is serious and [must] be treated serious by the court”.

The court heard at the time of the offence, Barber was 28 when he sexually touched the 15-year-old victim.

“The crown submits it’s in the mid-range of objective seriousness … [and] a prison sentence is appropriate,” Magistrate van Zuylen said.

“The court will take into account what [was] submitted by the defence … [they say it] was spontaneous and opportunistic and not lengthy offending.”

Magistrate van Zuylen further explained the defence highlighting that “alcohol was a factor” in the offence.

When speaking directly to Barber, Magistrate van Zuylen accepted that he acknowledged “the impacts” of his actions and understood it had been a “terrible situation for everyone”.

Barber’s offending was ultimately found to have “not crossed the threshold” meaning a sentence of imprisonment was not necessary.

The 29-year-old was convicted and fined $1200 and placed on a two-year community correction order to be supervised in Dubbo.

Barber must also complete 150 hours of community service work.