Joseph Marrday has been sentenced after attempting to rape a three-year-old

A sex offender who attempted to rape a little boy in a Territory yard has had a massive sentencing change, with the court banning him from one major location.

A man who pleaded guilty to attempting to rape a three-year-old will be released back into the community just a year and a half on from the incident.

Joseph Marrday, 22, appeared in the Darwin Supreme Court after being charged with one count of attempted rape after the incident in March, 2021.

Marrday, who was 21 at the time of offending, approached the victim who was playing alone in the front yard of his home in Karama.

The court heard Marrday reached through a gap in the fence and placed his hand on the back of the boy’s head before trying to perform a sex act on the child.

In sentencing Justice Judith Kelly originally gave Marrday three years in jail backdated to March of 2021. It was downgraded because of previous good behaviour and a guilty plea.

Joseph Marrday appeared in the Darwin Supreme Court. Picture: Jason Walls

However, he will now be on a three-year suspended sentence allowing him to live with family, including young cousins, in the remote community of Warruwi.

The offender is not allowed to return to Darwin without prior approval.

“The victim was very young and vulnerable,” Justice Kelly said.

“He was playing in his own yard where he is entitled to be safe.

“I have to pass a sentence that lets everyone know how much the court and community disapproves of what you have done.”

He was stopped when a passer-by came along.

The witness tried to wave down a passing vehicle to no avail before alerting the boy’s mother, who was inside with the three-year-old’s sibling.

Marrday was arrested when the same witness noticed him walking back towards the boy’s home and alerted the police.

“The boy had since become clingy and won’t leave his mother alone,” Justice Kelly said.

“He gets upset if he has to be apart from his mother at all.

“She felt like the biggest failure of a mother for not protecting her baby.

“Couldn’t sleep without crying herself to sleep.

“You’ve never been in any serious trouble with the law before.

“You have strong family support and your family are shocked and upset by what you’ve done.

They want to support you in going back to live in Warruwi and help you stay on track.”

His suspended sentence of three years disallows him from committing any offence punishable by imprisonment.

Marrday must also report to a parole and probations officers, must submit to one on one sex offender counselling and must not possess or consume alcohol.

He also must not engage directly or indirectly with children without the permission of an adult who has an acute understanding of the incident.

He also is not allowed to enter Darwin without prior permission, with zero contact to be had with the victim or his family.

Originally published as Joseph Marrday has been sentenced after attempting to rape a three-year-old