Convicted paedophile Robert van Gestal taken into custody following child sex conviction

A convicted paedophile has been imprisoned after multiple attempts to have his bail revoked ahead of his sentence for child sex offences.

A convicted paedophile has been taken into custody despite telling a court he has significant health issues and his wife “would die” without him.

Robert van Gestel faced the NSW Court of Criminal Appeal on Monday after he was convicted of eight charges dating back to the 1970s, including five counts of committing acts of indecency on girls aged as young as four on Sydney’s northern beaches.

He was released on bail by the District Court on June 9 despite being found guilty, with the judge telling the court he was “not convinced” the only penalty for the 78-year-old is full-time imprisonment.

Since then, the Office of the Director of Public Prosecutions attempted to have him locked up in the Supreme Court.

During the hearing last month, van Gestel was questioned about why he had only recently made an appointment with a cardiologist following his conviction of his eight charges.

Robert van Gestel arrives for his bail hearing at the Supreme Court in Sydney, where he was taken into custody on Monday. Picture: NCA NewsWire / Jeremy Piper

His lawyers told the court he is the main caretaker for his wife Margaret, who claimed she “would die” without her husband.

She told the court she had made no arrangements for whether he would be taken into custody, and said she “can’t manage” without him.

Justice Peter Garling dismissed the detention application, and the DPP filed another with the Court of Criminal Appeal.

However, on Monday a Crown prosecutor told the Court of Criminal Appeal it was highly likely he would go to prison.

“There’s a couple of aspects that in my submission make this case particularly serious,” he said.

“There are three complainants who were between five to seven years old at the time.”

The prosecutor told the court there had been no plea of guilty and no remorse from van Gestel.

He said the sentence will need to adequately punish and deter the offender.

The court was told the 78-year-old is at risk of having a major stroke. Picture: AAP / Julian Andrews

“He was on notice from June 9 that he was subject to a potential full-time jail term but his wife has indicated she’s well aware he’s facing that situation,” the prosecutor said.

“She had made no efforts to make any sort of arrangement … she will be alone in October.”

Defence barrister Mark Hobart SC told the court van Gestel has “serious health problems and health conditions”, recently having a mini-stroke.

“He is doing his best, despite these court matters, to get treatment,” Mr Hobart said.

“Being in a jail situation, particularly with pandemic lockdowns, if he suffers these symptoms he may not be able to be brought to hospital expeditiously.

“The needs of this man are such that urgent treatment must take place to determine his current medical condition.”

Paedophile bookkeeper Robert van Gestel had his bail revoked by the Court of Criminal Appeal on Monday. Picture: Jeremy Piper

Following the lunch adjournment, Justice Fabian Gleeson, Justice Robertson Wright and Justice Richard Cavanagh said they were satisfied the bail act had been satisfied.

“The respondent is a person convicted of an offence and will be sentenced to full-time imprisonment,” they told the court.

The crown detention application was granted and van Gestel’s bail was revoked.

The 78-year-old was taken into custody.

Van Gestel will face court for sentence in October.