Child sex offender Robert McBurnie back in Ipswich court over unreported contact with 16yo

A historic child sex offender failed to report his contact with a 16-year-old girl to police, but narrowly avoided jail due to a last minute revelation about his personal circumstances.

Robert Keith James McBurnie, 37, leaving Ipswich Court on June 28, 2023. Picture: Nicola McNamara

A historic child sex offender fronted has Ipswich Court for failing to flag his contact with a 16-year-old girl with police — claiming he had “a lot going on”.

A magistrate said the man would ordinarily be ordered to serve actual jail time for the offence but changed his mind after the man revealed his serious health diagnosis.

Springfield Lakes man Robert Keith James McBurnie, 37, fronted Ipswich Magistrates Court on June 28, 2023, after failing to report contact with a 16-year-old child.

Court documents reveal McBurnie was sentenced to six months imprisonment in 2006 for one count each of carnal knowledge of children under 16 and indecent treatment of children under 16 (permit).

As a convicted child sex offender, McBurnie became subject to reporting conditions under the Child Protection (Offender Reporting and Offender Prohibition Order) Act.

The court heard he failed to comply with those conditions twice in early 2023.

Magistrate Robert Walker said the most serious instance was when McBurnie failed to inform police that he had contact with a 16-year-old girl that was known to him since January.

Mr Walker said police had attended McBurnie’s home on March 5, and that McBurnie had then been forthcoming about the situation.

He said McBurnie had explained he had failed to report their contact because he “had a lot going on” and was “just trying to live [his] life”.

It was not alleged that McBurnie’s contact with the 16-year-old was otherwise inappropriate.

Mr Walker said it was discovered on the same occasion that McBurnie had failed to report in February, which was a reporting month.

At his June 28 sentencing, McBurnie pleaded guilty to two counts of failing to comply with his reporting conditions.

Police prosecutor Jo Colston submitted that McBurnie should serve an actual period of imprisonment for the offence involving the 16-year-old girl.

She said that offending “speaks to the heart of that legislation and why it was put in place”.

However, defence lawyer Matthew Fairclough said he had just been informed that day prior to the sentence proceedings that his client currently suffered from liver and kidney cancer.

He said McBurnie was currently undergoing radiation therapies and was no longer working as a result.

He suggested that immediate parole would ensure McBurnie’s treatments remain uninterrupted.

Mr Fairclough also noted McBurnie had the support of his new partner in court.

The court heard McBurnie had previously been sentenced to six months imprisonment in 2021 for three counts of failing to comply with his reporting conditions.

Mr Walker noted there were other previous entries on McBurnie’s criminal history for the same offence in 2019 and 2010.

Along with the two new fail to comply offences, McBurnie also pleaded guilty to driving without a licence (repeat offender) and driving while disqualified by a court order (repeat offender).

Mr Walker said McBurnie’s traffic history was “particularly problematic”.

“It shows a man who seems to have no regard at all for the rules that apply to you,” he said.

Mr Walker said on the face of it, McBurnie “should be going into custody today”; however, he acknowledged McBurnie’s significant health issues required consideration.

McBurnie was sentenced to six months imprisonment for the more serious fail to comply, with immediate parole release.

He was sentenced to 15 months probation for the three other offences and disqualified from driving for two years and one month.

Originally published as Child sex offender Robert McBurnie back in Ipswich court over unreported contact with 16yo