‘Danger to children’: Rapist Bundaberg uncle loses bid for lighter jail term

A depraved uncle who used a screwdriver to break in to his niece’s bedroom before luring her outside and raping her now claims his jail sentence is ‘manifestly excessive’.

Sad girl generic Istock Cairn District Court heard that 'punishment' started when the girl, who was denied lunch and dinner, got home from school. Picture: File photo

A man jailed for luring his own niece out of her bedroom window to rape her has had his bid for a lighter sentence thrown out by a Queensland court.

The man, who cannot be named to protect his victim’s identity, was jailed for 11 years in 2019 after pleading guilty to rape and three counts of indecent treatment of a child under 16, all domestic violence offences.

The published Supreme Court appeal decision said the man’s crimes were all committed in the one night.

It said the man had been interested in his niece “for some months”.

The family had banned him from their home at night after being caught “peeping through her windows”.

A man jailed after luring his own niece out her bedroom window to rape her has had his bid for a lighter sentence thrown out by the state’s court. Picture: File photo

The court said in response he prepared a plan using “stealth” and “cunning” which started when he “crept through the neighbouring properties” to get to the girl’s back window.

“You had brought with you a computer with pornographic film to corrupt her – lollies and money to entice her – baby wipes to clean yourself afterwards – and a screwdriver to break through the security screen to her bedroom,” Justice John Bond said.

The man broke into her room without disturbing her family, used the lollies to lure her outside, and then showed her the video and sexually abused her.

He was handed the 11-year jail term, which included an automatic declaration he was a serious violent offender and had to serve at least 80 per cent of his sentence.

In 2023, he appealed the sentence, calling it “manifestly excessive”.

It was lodged four years after his deadline to do so, the court document said.

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Justice Bond said the man had abused his position as an uncle in the “worst possible way” and his actions in the lead up to abusing his niece “revealed the conduct of a true predator who continued to represent a danger to children”.

He asked not only for extra time to appeal but for the sentence to be cut from 11 years’ jail to nine.

Justice Bond said the man accepted the delay in his appeal was “lengthy” and there was “no good reason” shown as to why, but claimed it should be allowed as refusal would be a “miscarriage of justice”.

All three Court of Appeal judges rejected this.

Justice Bond said in the decision the Bundaberg District Court at sentencing took into account details including the man’s previous sentence of three years’ jail for the sexual abuse of two other pre-pubescent girls.

He said the man had expressed remorse at the time but it was to “little benefit” as he had subsequently been caught having “unauthorised contact with children at a water park and near a waterhole” before molesting his niece.

Justice Bond said the man had abused his position as an uncle in the “worst possible way” and his actions in the lead-up to abusing his niece “revealed the conduct of a true predator who continued to represent a danger to children”.

He found the man had “very poor prospects” of persuading the court his sentence was too harsh and refused his appeal.

Originally published as ‘Danger to children’: Rapist Bundaberg uncle loses bid for lighter jail term