Gympie region man pleads guilty to historic child sex crime

A man who once avoided jail time for molesting his niece after telling the court it was a one-off crime has landed back in court for similar offences against a second family member.

A Gympie region man who previously avoided jail time for molesting his niece on grounds it was a one-off crime has been unable to avoid lockup again after pleading guilty to similar offending against another of his nieces.

A Gympie region man who previously avoided jail time for molesting his niece on grounds it was a one-off crime has been unable to avoid lockup again after pleading guilty to similar offending against another of his nieces.

The man, who cannot legally be identified and previously guilty to indecent treatment of a child under 16 and under his care, returned to the same Gympie region court facing three more of the same charges over crimes against a different family member.

He received a wholly suspended jail sentence for the first crime as the court accepted there were “exceptional circumstances”, including that the offence was a single incident.

The court heard at his new appearance this was not the case, sparking a marathon three-hour sentencing in which Judge Bernard Porter wrestled with the facts of what was known about these charges, and when.

The three new charges predated the previous offence, the court heard, occurring more than a decade ago.

His victim, who listened in to the sentencing by phone before reading a victim impact statement to the court, said her uncle “robbed me of my childhood”.

On one occasion the girl “woke to find him next to her with his hand down her pants, over the underwear, touching her genitals”.

The following morning the man tried to excuse his actions by telling the girl he had “thought she was his wife”.

On another occasion he approached the girl early in the morning while she was in bed, placed his hand down her pants again, kissed her breast, said “good girl” and left the room, shutting the door.

His victim, who listened in to the sentencing by phone before reading a victim impact statement to the court, said her uncle “robbed me of my childhood”.

His actions caused her to struggle in her own relationships and her ability to interact with society, she said.

“What gave you the right to destroy my childhood?” she said.

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The court heard he had been drinking heavily at the time he committed the crimes.

He had since been undertaking rehabilitation for his drinking problem.

Judge Porter found the man would have been aware he may be charged over these crimes at the time of his first sentencing when the court was being told his offending was a “single incident”, and had “said nothing about it in your own interests”.

The court heard a formal complaint on these latest charges was made to police in April 2021, seven months before his first sentencing in November of that year. He was not charged over them until March 2022.

Judge Porter found the man would have been aware he may be charged over these crimes at the time of his first sentencing when the court was being told his offending was a “single incident”, and had “said nothing about it in your own interests”.

The man also initially denied to police committing these offences before ultimately pleading guilty.

Had the court dealt with all of these matters at the same time he would likely have received a sentence of up to two-and-a-half years jail.

The man was sentenced this time to 21 months jail, with four months of the term to be served.

The sentence will then be suspended for three years.

Originally published as Gympie region man pleads guilty to historic child sex crime