Joseph Marrday: Man who tried to rape little boy walks free again despite breaching conditions

Crown prosecutor Kylie Smith told the court he breached the conditions of his suspended sentence by returning to Darwin and Corrections was ‘unwilling to continue to supervise him’.

Joseph Marrday leaves the Supreme Court after breaching his suspended sentence for the attempted rape of a 3-year-old boy in 2021. Picture: Pema Tamang Pakhrin

A man who tried to rape a little boy as he played in his front yard will remain at liberty after breaching his suspended sentence, despite Corrections being “unwilling” to supervise him.

Joseph Marrday, 24, was released on a three-year suspended sentence in October 2022 after pleading guilty in the Supreme Court to the attempted rape following 19 months’ time served.

At the time, the court heard the 3-year-old victim’s mother was “literally crying herself to sleep” for weeks after Marrday’s sickening attack in Karama in March 2021.

On Monday, Crown prosecutor Kylie Smith told the court he had breached the conditions of his suspended sentence by returning to Darwin to visit his grandmother and Corrections was “unwilling to continue to supervise him”.

Justice Judith Kelly said it was the second time Marrday had breached his conditions after earlier travelling to Oenpelli without permission but the court took no action on that occasion.

Justice Kelly said Corrections officers reported his “compliance has been unsatisfactory” because of his “poor attitude”, “deceitful nature”, “unwillingness to follow reasonable directions” and lack of family and community support.

But she said allegations Marrday had “caused community unrest”, his “anti-social behaviour” resulted in complaints to police and “unsubstantiated allegations of noncompliance and reoffending” were “all very vague” and he had not been charged with anything.

Defence lawyer Claire Porter said the breach was “relatively trivial in all of the circumstances” and “we don’t have any evidence of reoffending”.

“In respect of the uncharged and unsubstantiated acts, I would submit that your honour ought not take those into account,” she said.

Joseph Marrday hides his face from the media outside court on Monday. Picture: Pema Tamang Pakhrin

“There’s nothing forthcoming, there’s no allegation of reoffending, the police didn’t press any charges — what weight, in all of the circumstances, can be put on that?

“Ultimately it’s hearsay.”

Ms Porter said the conditions of Marrday’s sentence were imposed “to ensure that he didn’t reoffend and he’s going well”.

“It’s a little bit unclear to me why they’re not willing to continue to supervise him, perhaps there is limited programs available for him in community,” she said.

“But given the underlying purpose of the suspended sentence was to ensure he remained out of trouble, not reoffending and not consuming any alcohol, given that was a factor, I would submit it’s working.”

In again not taking any further action, “almost against my better judgement”, Justice Kelly said it would be “unjust” to send Marrday back to jail.

But she warned him that if he breached his conditions again “there will have to be consequences” and “I will send you back to prison”.