Bayden Edward Byron jailed for indecent treatment of child

A Bundaberg father has been sent to jail for multiple sex offences against a child. “I don’t want to have sex with you, I want to make love to you,’’ he said in one exchange.

Bayden Edward Byron was sentenced to 6 months imprisonment for indecent treatment of children under 16 and using a carriage service to procure a person under the age of 16 years for sexual activity.

A man sent text messages to a girl asking her to provide photos of her body, allegedly telling her “you have an absolutely stunning body baby girl” and “I don’t want to have sex with you, I want to make love to you”.

The text messages were sent by Bayden Edward Byron, 38, to a girl under the age of 16 after he approached her on three occasions, Bundaberg District Court heard on Tuesday.

Byron’s behaviour escalated through these three incidents, involving hugging, kissing and touching the girl while telling her that he wanted her to be his girlfriend and that he wanted to kill himself.

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The court further heard that a month following the alleged incidents, Byron and the girl exchanged the text messages through which he encouraged her to send him photos of her body parts saying, “I guarantee it would be stunning and I would enjoy seeing it”.

Bayden Edward Byron sent text messages encouraging the girl to send him photos of her body parts saying “I guarantee it would be stunning and I would enjoy seeing it.”

The court heard that the girl suffered mentally following the incidents, including suffering from depression and having difficulty sleeping, functioning at school and making male friends.

The court further heard her mother had watched her “bright and bubbly” daughter become sad, anxious, emotional and suicidal.

Crown prosecutor Annica Fritz told the court Byron’s alleged offences constituted a “gross violation of trust” and were “brazen and opportunistic,” and had a “significant impact” on the girl.

Ms Fritz argued that there were no exceptional circumstances available for Byron to avoid imprisonment for the alleged offences.

Byron’s barrister, Jens Streit, agreed with the lack of exceptional circumstances but argued for a partly suspended sentence given that Byron had entered an early guilty plea and had received positive character references from family and the community.

The court heard that psychological reports found Byron regretted his offences and acknowledged the effect they had on the girl.

Mr Streit argued for mitigating factors including that Byron had been subject to domestic violence at the hands of his father as a child, and as a result had developed an alcohol addiction.

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The court heard other mitigating factors including that Byron had cerebral palsy, and had healthy relationships with his partner, family and children which put him at a low risk of reoffending.

In sentencing, Judge Allen KC took Byron’s early guilty plea into account as a mitigating factor since this avoided requiring the girl to give evidence.

In addition, Judge Allen said the psychological reports showed that Byron felt “genuine and deep remorse” for his offending, and that the offences were out of character due to his abusing alcohol following the breakdown of his marriage.

Bayden Byron was sentenced to six months imprisonment with probation, suspended sentence and good behaviour conditions.

However, Judge Allen said the significant impact suffered by the girl from Byron’s offences required him to serve imprisonment.

Judge Allen gave a sentence requiring Byron to serve six months imprisonment for a charge of indecent treatment of children under 16, followed by 18 months probation and a 12 month suspended sentence.

Byron was also sentenced to six months imprisonment for the Commonwealth offence of using a carriage service to procure a person under the age of 16 years for sexual activity, serving the remaining 12 months in the community under condition of good behaviour.

All terms are to be served concurrently, meaning that Byron will be released from prison after six months.

Originally published as Bayden Edward Byron jailed for indecent treatment of child