Uncle gets suspended sentence for molesting 13yo niece in Cairns

Judge spares "beast mode" uncle from prison after he sexually assaulted his young niece, despite showing no remorse and lying to police.

A Queensland uncle who indecently dealt with his 13-year-old niece while she slept has been given probation and a suspended jail term.

A young uncle who molested his sleeping 13-year-old niece while he was the “drunkest he’d ever been” was meted out summary justice by another family member, but spared jail time by a Brisbane judge sitting in Cairns last week.

The man, who was 21 at the time, and cannot be named to protect the young victim from being identified, pleaded guilty in Cairns District Court to three counts of indecent treatment of a child under 16 one night several years ago.

Judge David Kent KC sentenced the man, who has served no time in custody, to 12 months imprisonment, wholly suspended for two years and three years probation. He recorded convictions against the man.

Crown prosecutor Claudia Georgouras said the young girl had been asleep in a bedroom alongside the man’s own children when she woke to find her uncle touching her genitals.

He also tried to kiss her and take off her pants and underwear, the court was told.

“He persisted despite her trying to get away from him and ceased only when she screamed, and ran from the room, waking others,” Ms Georgouras said.

She said a number of extended family members were staying in a house that night in a small Far North community, and the girl’s screaming attracted the attention of another uncle – the man’s brother.

The court was told the man assaulted his brother when he found out what had happened.

The man’s brother dealt him some ‘summary justice’ the night the offences occurred, the court was told.

The police were called and the man “did not exhibit remorse or co-operation,” Ms Georgouras said.

“He told lies to police about it.” she said, submitting that a period of imprisonment would be the appropriate sentence.

Defence barrister James Sheridan said the man was otherwise well-regarded in his community, worked two jobs and was described by those who knew him as “hardworking”.

He said other people in the house commented that the man had been in “beast mode” on the night he committed the crimes.

Judge Kent said the man had abused his position of trust.

“It was brazen behaviour and there was a degree of persistence – the false denials do you no credit either,” Judge Kent said.

He took into account the man’s work history, references tendered, youth, guilty plea and the ‘summary justice’ he received in deciding not to send the man to prison.

“In a finely balanced case, I have accepted those submissions (about actual imprisonment) … I hope you understand you have come very close to going to prison, and hopefully you make the most of this opportunity,” Judge Kent said.

Originally published as Uncle gets suspended sentence for molesting 13yo niece in Cairns