Uber driver Daniel Angel Labavarde thought schoolgirl sex assault victim was dead girlfriend
An Uber driver sexually assaulted a 10-year-old schoolgirl in Yallambie he thought was his deceased girlfriend but her devastated parents amazingly had much of their victim impact statements disallowed from being aired in court.
North West
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An off-duty Uber driver sexually assaulted a 10-year-old schoolgirl after thinking the victim was his deceased girlfriend, a court has heard.
Daniel Angel Labavarde, 27, pleaded guilty in the County Court on Tuesday to sexual assault of a child under the age of 16.
The court heard Labavarde had experienced severe “mental health issues” the morning of his offending in early-2019.
Labavarde exposed himself, made lewd comments and sexually assaulted his victim.
The victim’s parents rushed to save their daughter then called police.
Police commenced an interview with Labavarde but ceased because of “concerns they had for his mental health”.
Labavarde admitted trying to rape his victim which was a “bad thing” because she was “too young”.
A psychologist later assessed Labavarde as suffering “relapsing and remitting” paranoid schizophrenia.
It was submitted Labavarde was “delusional” at the time and he thought the victim was a former girlfriend who committed suicide years earlier.
Labavarde, from Mauritius, came to Melbourne for study in mid-2016.
He was studying civil engineering at Victoria University and working as an Uber driver and at a Chapel St restaurant at the time of the offending.
Labavarde’s plea got off to a colourful start when Judge Paul Higham refused to accept the parents’ victim impact statements as they were submitted.
The original versions — which Judge Higham read parts of — asked for Labavarde to be sentenced to “eternal damnation”.
The parents also wished Labavarde an “unhappy life forever” and said he “will stay in fear until you die”.
“That’s vengeance,” Judge Higham said.
“The court will not accept the document in this form … the court is not concerned with vengeance.”
A toned down excerpt of the statement was eventually read to the court in which the parents referred to Labavarde as a “paedophile”.
Labavarde was remanded for sentencing on September 11.
He will be placed on the sex offender registry for eight years and deported once his sentence is complete.
If you or someone you know is struggling mentally and at risk of suicide call Lifeline on 13 11 14, headspace on 1800 650 890 or Kids Helpline on 1800 55 1800
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