Zachary Thomas Holzberger: Logan man guilty of sexual assault at Surfers Paradise residence
A southeast Queensland man has admitted to molesting a sleeping woman before performing a degrading act on her in a Gold Coast residence. A charge of rape was discontinued in exchange for the plea.
A southeast Queensland father-of-two has admitted to molesting a sleeping woman inside a Gold Coast residence.
Woodridge man Zachary Thomas Holzberger, 34, appeared in Southport Magistrates Court on Thursday, October 16, where he pleaded guilty to a charge of sexual assault, committed inside a dwelling located off the Gold Coast Hwy in 2019.
He had previously been charged with rape over the assault, but the Crown formally withdrew that allegation in exchange for Holzberger pleading guilty to the lesser charge.
The court heard that on the day in question, Holzberger was invited into the residence by his victim.
While there, the woman took some prescription medication that left her drowsy and she fell asleep on a bed.
The court heard Holzberger lay down next to her, placed his hands up her dress and pulled her underwear down to her knees before fondling her vaginal area.
He then began masturbating himself and ejaculated on the sleeping woman, who had begun to stir by this point.
Parts of the offending were witnessed by other people in the dwelling, who sought assistance from neighbours.
Holzberger was arrested the following day and spent 92 days in pre-sentence custody before being released on bail.
The court heard the defendant had a single-page criminal history containing mostly property offences, with no relevant priors of a sexual nature.
Defence counsel Nick McGhee told the court his client, a father-of-two with an intellectual disorder, was engaged in psychology via his GP.
He noted his client had not reoffended sexually since being charged, which the higher courts had previously held can be seen as evidence of rehabilitation in circumstances where there are lengthy delays not solely attributable to the defendant’s conduct.
Magistrate Joan White said the courts always viewed sexual misconduct seriously.
She sentenced him to six months’ imprisonment suspended forthwith for a period of 12 months, taking into account the 92 days he spent on remand.
