Wayne Donno: Dapto man sentenced for grabbing girl’s buttock

A “grandfather-like figure” exploited a position of trust by grabbing an 11-year-old on the buttocks was sentenced to jail but was granted bail after his lawyer lodged an appeal.

An elderly man who groped a girl’s backside just out of sight of the 11-year-old’s mother has been sentenced to jail but was granted bail after his lawyer lodged an appeal.

Wayne Gordon Donno, 62, fronted Wollongong Local Court to be sentenced on Thursday after being found guilty of intentionally sexually touching a person between the ages of 10 and 16. He maintains his innocence.

The court heard Donno was a “grandfather-like” figure to the girl with the misconduct, which took place in 2019, described as “not a momentary touch”, but rather he “held onto her buttock for a long time”.

Donno was sentenced to 10 months in prison with a non-parole period of five months. However, his lawyer Tim Dains had lodged an appeal.

Sentencing magistrate Michael Ong flagged the maximum peenlty for the offence was 10 years in the District Court and labelled this instance as “above mid-range” for this type of offence.

The magistrate said there were multiple “aggravating factors” including he was in a “position of trust” and the “offence happened in the home”.

“[It occurred] in the presence of her mother, but in a manner in which the touch could not be seen, which is concerning to me,” Magistrate Ong said.

“The court has previously heard from the complainant on two occasions … She is a mature child in the way of her conduct and actions.

“It is my view that from the recorded video statement [the incident] had a significant impact on her.”

Magistrate Ong noted “a number of entries” on Donno’s record, however, the last took place in Penrith 15 years ago and none were of this type of offence.

Magistrate Claire Girotto, who presided over the bail hearing on appeal, said he was a potential “flight risk”, though it could be “mitigated by reporting [to police] once a week”.

“I would submit against that given his health,” Mr Dains said, before the parties agreed Donno would be restricted from leaving his Dapto address where he lives with his partner, who is his primary carer.

The appeal will be heard in the Wollongong District Court next month.