Bao Ha Diep: Jail sentence for Glebe man who touched schoolboys

A man who touched two schoolboys on the buttocks while they waited to catch a bus in Sydney’s inner west has been sentenced.

Bao Ha Diep.

A man who touched two schoolboys on the buttocks while they waited to catch a bus in Sydney’s inner west has been handed a prison sentence after a court rejected a claim his misbehaviour came down to a “cultural difference”.

Bao Ha Diep, 62, from Glebe, fronted Downing Centre Local Court assisted by a Vietnamese interpreter and his wife on Monday to be sentenced for three serious charges.

He previously pleaded not guilty to the charges – which included two counts of intentionally sexually touch child under 10 years – but he was found guilty at hearing.

The court heard a large group of primary school students was waiting for a school bus near Broadway Shopping Centre in Glebe in December last year when Mr Diep approached them from behind around noon.

Diep has been supported by his wife during his court proceedings.

The court heard he walked past the line of students and sexually touched two boys on the buttocks, both aged nine, and attempted to touch a six-year-old girl which was caught on CCTV.

He walked off and entered the shopping centre before police were contacted.

He was later arrested and charged following a public appeal to locate him.

His defence lawyer said Diep is originally from Vietnam but has lived in Australia for about 30 years and has raised his family here.

She said he knew now that it was unacceptable to touch children like he did, and his offending was partly to do with a “cultural difference”.

Magistrate Joan Baptie rejected that claim in handing down her sentence.

He was sentenced in Downing Centre Local Court.

“He has maintained a type of cultural defence where it is suggested that joking around with children would be part of the Vietnamese culture and this was meant to be joking and not sexually inappropriate,” she said.

“It is quite clear to this court that this type of offending is not acceptable in Vietnamese culture either here or in Vietnam.”

She said it would be inappropriate to impose any sentence other than a term of imprisonment considering the young age and vulnerability of the children.

Diep was sentenced to a term of imprisonment of 10 months with a non-parole of six months.

Diep was visibly upset and tearful after he was led away to the cells and brought back into the court soon after to apply for bail.

Diep’s lawyer appealed the conviction and applied for bail for Diep, which was granted with strict conditions during the course of his appeal process.

His appeal will be mentioned in the NSW District Court in February.