Kenneth Arthur Fleming sentenced for sexually assaulting teen in the DFO Shopping Centre carpark

A pensioner tricked a young woman into winding down her car window in a shopping centre carpark in Cairns before he reached inside and sexually assaulted her, a court has been told.

Kenneth Arthur Fleming, 67, has pleaded guilty to a charge of sexual assault after her grabbed a young woman in her car in a shopping centre car park last year.. Picture: Brendan Radke

A pensioner tricked a young woman into winding down her car window in a shopping centre carpark in Cairns before he reached inside and sexually assaulted her, a court has been told.

Police prosecutor Marta Chrabkowska told the court Kenneth Arthur Fleming, 67, knocked on the 18-year-old woman’s car window around midday on November 2, 2024, after she had pulled up, and told her he was interested in buying a car similar to hers – a Volkswagen.

He asked her some questions about her car, the court was told.

Ms Chrabkowska said that, without warning, Fleming reached in, grabbed the young woman’s upper thigh, rubbed her shoulder, then quickly walked away after she asked for his name.

The victim had parked in a Westcourt shopping centre carpark before she was assaulted “in broad daylight”, the court was told.

She said the teenager was wearing a short skirt and sleeveless shirt and Fleming had touched her skin.

Magistrate Leanne Scoines described the crime as “concerning” and noted Fleming had been dealt with by the courts for stalking 21 years ago and sexual assault in the 1990s.

“Under the guise of this ridiculous inquiry, you’ve very brazenly sexually assaulted her, leaning in the window and touching her in a way that is wholly inappropriate,” Ms Scoines said.

Ms Scoines said it was obvious from the woman’s victim impact statement that she was usually mindful of her safety and surroundings and had been shaken by the experience.

“You have undermined her confidence, her sense of safety and wellbeing,” Ms Scoines said.

Magistrate Leanne Scoines said Fleming’s behaviour “undermined the victim’s confidence and sense of safety and wellbeing”

“This is a young woman who has taken careful steps, as many women do in the community, just to be safe on a day-to-day basis.

“It’s not enough for her to assume broad daylight will be a shield of protection, she’s parked in a spot that she thought was appropriate … and has done everything that she could possibly do to make herself safe.

“While she may be resilient, you’ve really tested that resilience and that is a real shame.”

Defence solicitor Bebe Mellick told the court “something was not right” with Fleming, but he had no psychiatric report to support his assertion.

He said Fleming, who had not been convicted of a criminal offence for 21 years, “needed assistance”, possibly through probation.

“Unfortunately the cost of obtaining such a (psychiatric) report is prohibitive … I have no medical experience, but I’ve been around the block and dealt with criminal matters for many years and … there is something ‘not right’ there.”

Fleming was sentenced to 18 months probation with a special condition that he undergo psychiatric treatment as directed.

He said Fleming was an invalid pensioner who did volunteer work several times a week for an animal charity, picking up and delivering donations from people’s homes.

Mr Mellick said Fleming had offered to pay the woman compensation.

Ms Scoines noted “Money doesn’t fix trauma; it’s as simple as that”.

She added a special condition to an 18-month probation order that Fleming undergo psychiatric treatment.

Originally published as Kenneth Arthur Fleming sentenced for sexually assaulting teen in the DFO Shopping Centre carpark