Dysart miner gets into boy’s bed in drunk break in at friend’s home

A Qld miner was so drunk he made the “terrible mistake” of breaking in at a friend’s home and getting into bed with a boy, though the court accepted there was no “ulterior motive”.

A Dysart miner was so drunk he made the “terrible mistake” of breaking in at a friend’s home and getting into bed with a boy, though the court accepted there was no “ulterior motive”. Read why.

A Bowen Basin miner faced court after a night on the drinks at a friend’s home turned dark when he made the “terrible mistake” of getting into their son’s bed.

The man, who cannot be named by court order, had been asked to leave a Dysart property three times on September 3, 2023 before he returned and mistook the child’s bed for his own son’s — with whom the court heard he regularly co-sleeps.

Magistrate Damien Dwyer said he accepted there was no “ulterior motive” to the man’s getting in to bed with the boy, but the offending was still quite serious.

“He was so drunk he didnt know where he was and he went in the wrong room, that’s all it was,” Mr Dwyer said.

“I accept this is an aberration (but) it was terrible what happened and it would have been particularly traumatic for the young boy.

“It’s just simply not on.”

Defence lawyer Connor Boccalatte of Wallace and Wallace said the man’s family had been close with that of his friend for a number of years, and would regularly socialise as well as provide bedding for sleepovers.

Mr Boccalatte said that close relationship had been “strained ... understandably” as a result and described the incident as a “terrible mistake”.

“My instructions are that my client never drunk to that extent before (and) he simply was confused … under the impression he was in his own bed with his son who he sleeps with every night,” Mr Boccalatte said.

Mr Boccalatte said the man had said he stopped drinking “completely” since the offending, but could not provide any rehabilitation or medical evidence for alcohol counselling at Mr Dwyer’s request.

“If there’s any repetition of grog-related matters, you’ve got a real risk of going to prison,” Mr Dwyer said.

“You’ve made a grave sin against society, so you will have to pay society back by doing 100 hours of community service.”

Convictions were not recorded.

Originally published as Dysart miner gets into boy’s bed in drunk break in at friend’s home