Bryce Grainger: Mortdale man suffering dementia avoids jail after touching 15-year-old at Central Station

A man experiencing undiagnosed dementia when he sexually assaulted a “cognitively impaired” 15-year-old in a Central Station toilet block has learnt whether he will end up behind bars.

Bryce Grainger will learn his fate at Downing Centre Local Court on Monday.

A 77-year-old man who sexually assaulted a “cognitively impaired” 15-year-old in a Central Station toilet block has avoided jail, after the court heard he may have been experiencing undiagnosed dementia at the time.

Bryce Grainger, of Mortdale, appeared at Downing Centre Local Court was sentenced on Monday to a three year community correction order after pleading guilty to intentionally sexually touch child and intentionally do sexual act with child.

Another offence of intentionally sexually touch child was considered in the sentence.

During the sentence hearing on Friday, the Crown prosecutor said Grainger’s offending last April – which is too graphic to detail – would have been extremely distressing for the 15-year-old victim who had a cognitive impairment.

The prosecutor acknowledged Grainger wasn’t aware of the impairment during the incident.

Bryce Grainger pictured in CCTV footage at Central Station. Picture: NSW Police

The prosecutor also accepted two expert reports which indicated Grainger “may very well have been suffering from dementia” at the time and it “may have impacted his moral culpability”.

She said a counter argument was it increased his risk to the community, and called for a full time jail sentence.

In reply, Grainger’s barrister Slade Howell detailed his client’s dementia and said he was “experiencing decline in cognition” before the offence.

He later told the court “everything about this case has to be viewed through the lens of understanding – in light of the expert evidence – the fact that this man was labouring … major neuropositive disorder at the time”.

Mr Howell said the offending was “reflective of compromised executive function”, mainly regarding “impulse control, judgement, behaviour and social skills”.

He said Grainger did not follow the victim into the toilet.

Bryce Grainger appeared at Downing Centre Local Court on Friday.

“They happened to be using the same public toilet inside the main grand concourse in Central and were using adjoining urinals inside that public toilet,” he said.

Mr Howell said there was no evidence to suggest there was pre-planning involved and the court heard Grainger was unlikely to reoffend “given the warning shock it’s provided to him and his family”.

Mr Howell said because of a combination of age and disability, Grainger “was not fully aware of the consequences of his actions”.

He submitted his client made “full and frank admissions” with police after his arrest, telling the court it was “aberrant and out of character for him”.

Having spent about three months in custody, Mr Howell pointed to the onerous nature a custodial sentence would have on his client.

Magistrate Gregory Moore ultimately did not sentence Grainger to jail and placed him lacing him on a supervised three-year community correction order.

While recognising the harm done to the victim and community, Mr Moore found Grainger’s moral culpability was reduced due to his undiagnosed dementia.

He said Grainger was unlikely to reoffend and his prospects of rehabilitation were good if he received appropriate medical treatment.