‘High risk’ teen sex offender escapes jail, conviction after breaking into home and molesting child

A dangerous young wannabe rapist was already on probation when he broke into a family’s home and molested their sleeping daughter. But a judge has given him another chance.

In both cases the teen struck at night. Picture: iStock

A “high risk” teen sex offender who forced his way into a locked home to molest a sleeping 10-year-old has been set free with no conviction.

This is despite committing the offence while on probation for an attempted rape and being labelled a real risk of committing more sex offences.

After the terrifying attack the little girl slept in her parents’ bed for six months, and suffered nightmares, flashbacks of the assault and fears of an intruder in the house, Mackay District Court heard.

Crown prosecutor Monique Sheppard pushed for the soon to be 18-year-old to receive further detention, arguing the offending was serious, “had a degree of premeditation” and the impact on the child and her family was significant.

But Judge John Allen KC sided with barrister Sean Franklin in opting to give the teen, who has ongoing mental health issues including PTSD, another chance at rehabilitation and structured a penalty that avoided the teen being sent to an adult jail.

It was about 10.30pm in mid 2024 when the teen, who cannot be named for legal reasons, entered the “well secured” two-storey Mackay home via a kitchen window after removing a security screen, Mackay District Court heard.

He then found the child’s bedroom where she was sleeping – her clothes remained on, but he removed his shirt which was later found in her room.

He touched her buttocks area with one hand causing her to wake up, so he used his other hand to pin her to the bed telling her, “I’m your friend”.

She screamed and ran to her parents’ room, while he fled stealing two mobile phones that police used to track him to a nearby house where he was hiding.

He was detained but police soon released him, and he went back to the house about midnight and threatened his victim’s father.

“Why did you call the police on me? I’m going to put you in the ground” he said, also threatening to “pop him with (his) Winchester”.

‘HIGH RISK OF REOFFENDING’: TEEN’S SHOCKING HISTORY

Ms Sheppard said concerningly in 2023 the teen faced the Townsville Children's Court for assault with intent to rape against a woman as she was walking from The Strand in the early evening.

The court heard he grabbed her wrists and held her while he tried to “thrust his penis against her buttocks” three or four times.

He was given 18 months’ probation with a special condition that he undergo treatment with Griffith Youth Forensic Service and a conviction was not recorded.

The teen was previously placed on probation after an attempted rape at Townsville. Picture: Shae Beplate.

That probation order was even extended for another six months because of noncompliance.

Ms Sheppard said at the end of the two-year treatment program the teen’s risk of reoffending was assessed on multiple scales “and on each of them he has got worse”.

“He has increased his risk of sexual offence with recidivism,” Ms Sheppard said.

“(He) did not comply with the reasonable requirements of the program nor maintain a rate of progress that was satisfactory.

“With respect to further reoffending, his risk is high.”

Ms Sheppard said the report stated it would be essential he had a stable and structured environment on his release from detention.

A second psychological report written in 2025 revealed “his behaviour indicates that he was consistent with an emerging paraphiliac disorder”.

Ms Sheppard pushed for between two and two and a half years jail with release after 60 per cent, which means once 18 he would be moved to an adult prison.
She argued this was “but one feature” and should not overwhelm any penalty and also submitted for a conviction to be recorded.

“He’s gone onto this house with some intention to inflict a sexual offence while on probation for a very serious offence of a similar nature,” she said, also arguing the teen had already been given the chance of probation.

“(He) has not engaged appropriately but has exhibited signs he’s a higher risk of reoffending than when he first entered the program.”

The teen’s barrister Sean Franklin, instructed by Daniel Lane from ATSILS Mackay, said a penalty that would send him to an adult jail served the community no utility and his client “would be exposed to adult offenders in circumstances when he’s already highly vulnerable”.

He instead argued for wholly suspended detention with conditional release and another probation order, stating his client had suffered “profound disadvantage” growing up and his start in life was “nothing short of tragic”.

The court heard he was exposed to substance abuse, neglect, maltreatment by way of domestic abuse at home where his parents also had substance abuse issues.

The court heard he may also have been a victim of sexual abuse.

Child protection began in 2022, and he had been in the custody of child safety since January 2023.

Mr Franklin said it was “in that context the offending has to be viewed and in that context his penalty has to be made”, also adding his client had already been subject to 11 months detention on remand.

He said his suggested penalty “protects the community but also offers this defendant child a chance at rehabilitation”.
He also said a further deterrence was if the teen breached the conditional release once he was 18 or breached probation, he could be sentenced to adult jail.

“To record a conviction now when he’d going to be an adult and about to enter the workforce puts him even further behind,” he said.

The court heard child safety had been working with the family, and it was expected the teen would live with his mother with a goal to find his own independent accommodation (a housing application was in play but was paused when he was arrested).

‘FLASHBACKS, FEAR’: FAMILY REVEALS NIGHTMARE IMPACT OF ABUSE

“Our family’s sense of safety was shattered when our 10-year-old daughter woke us by banging on our door reporting that someone had entered her bedroom and touched her inappropriately,” the family wrote in a victim impact statement handed up in court.

“She was scared to enter her bedroom, for six months she … slept in her parents’ room. She had nightmares, screaming and flashbacks, fears of the intruder in the house and she wouldn’t go downstairs alone,” Ms Sheppard read.

The teen pleaded guilty to burglary, indecent treatment of a child and two counts of stealing.

The sentencing took place in Mackay District Court.

“Your child victim herself and her younger brother have suffered profound and continuing psychological impacts … because of the terror engendered in them by your offending,” Judge Allen said.

The judge also accepted the teen was a “high risk of sexual offence recidivism”.

“It’s clear that level of risk has been maintained if not increased … looking at recent psychological report,” Judge Allen said.

“There are concerns you have an emerging paraphiliac disorder associated with high-risk sexual fantasies motivating your offending.

Despite telling the teen “concerns of you reoffending particularly in a sexual way are grave” and that community protection was important, Judge Allen also placed weight on his prospects of rehabilitation.

“You’re still a young man with the rest of your life ahead of you.”

Ultimately Judge Allen gave the teen two years detention with an immediate six-month conditional release order and two years probation. Convictions were not recorded.

Offender would face life sentence under new laws: Govt

A spokeswoman for the Attorney-General’s office said the Justice Minister had requested a brief on this sentence.

“Her thoughts are with the young victim and her family,” the spokeswoman said.

“Cases like this are why the Crisafulli Government is committed to delivering the reforms needed to make our community safer as we continue to strengthen Labor’s weak laws.”

This offending occurred before the introduction of adult crime, adult time legislation. Under that amended act the teen would be facing a maximum sentence of life imprisonment.

Originally published as ‘High risk’ teen sex offender escapes jail, conviction after breaking into home and molesting child