Central Queensland man sentenced for dry humping a boy, 12

A man with a 15-page criminal history who had made 59 prior court appearances for 141 different offences is now a reportable child sex offender after a disturbing incident in Gladstone. Full details here.

A child rides a bike through a tunnel. Generic Photo: Cade Mooney/Sunshine Coast Daily.

A Central Queensland man who preyed upon a sleeping 12-year-old boy is now a reportable child sex offender.

The 37-year-old, who by law cannot be named, pleaded guilty in the District Court at Rockhampton on March 30 to one count of indecent treatment of a child under 16.

The man’s offending happened at Gladstone on November 20, 2020.

Before Crown Prosecutor Tiffany Lawrence outlined the facts in this case, she told the court the man had a 15-page criminal history and he’d had 59 prior court appearances for 141 different offences.

Ms Lawrence said the man’s criminal offending started when he was 18 and continued through to the age of 36 when he committed this offence against the child.

“There is regular offending effectively every year, with only a two-year gap between 2012 and 2014,” Ms Lawrence said.

“The offending involves low-level street-type offences, drugs, dishonesty, breaches of orders including bail, contravention of a directional requirement, and failing to appear...”

Ms Lawrence said the man also had prior convictions for violence including five for assault occasioning bodily harm, two for serious assault, two for common assault, as well as further offences of assaulting and obstructing police.

“He has had the benefit of, effectively every order open to the court - fines, good behaviour, probation - and has on eight occasions received periods of imprisonment,” Ms Lawrence said.

“He has, of course, served actual time in custody in the past.”

Ms Lawrence said the man’s offending against the child meant he had breached a suspended sentence he was on as well as a probation order.

In relation to the facts of this case, the court heard the victim was a 12-year-old boy who was distantly related to the defendant.

Ms Lawrence said the two of them were staying at the boy’s aunt’s house.

“The defendant was there for a party... it had been arranged for him to sleep over that night.”

Ms Lawrence said the boy and a friend fell asleep on a mattress in the lounge room while they were playing an Xbox.

“During the night, the complainant woke up to the defendant picking up his hand.

“The complainant confronted him - asking him what he was doing with his hand.

“The defendant did not respond.”

Ms Lawrence said the boy then rolled away from the defendant.

“He (boy) was angry and scared at the time about what had happened, but went back to sleep.”

Ms Lawrence said about half an hour later, the boy woke up to find the defendant positioned on top of him.

“The defendant was clothed at the time and was grinding his genital area against the complainant.

“The complainant described that as dry humping.”

Ms Lawrence said the boy pushed the defendant away from him and said “what are you doing, why, why did you do that?”

“He (boy) then ran into his aunt’s room and immediately disclosed to her, the conduct of the defendant.”

Ms Lawrence said the aunt immediately walked out of her bedroom and found the defendant walking from the kitchen back to into the lounge room.

“She confronted him and he didn’t answer her.”

Ms Lawrence said the aunt then returned to the bedroom and told the boy he could sleep in her room for the rest of the night.

The following morning, the aunt asked the defendant to leave her house.

When police spoke to the defendant, he declined to participate in an interview and was arrested, charged and released on bail.

Ms Lawrence submitted the offence was “a single occasion”, there was no skin-on-skin contact, and it was opportunistic.

“My submission as to the aggravating aspects... it was still brazen having regard to the other child that was sleeping next to the complainant, and the fact that there was some level of persistence to it given the picking up of the hand some half an hour earlier,” Ms Lawrence said.

“So, it can’t be said that the defendant had this contemplated for a significant period of time - the Crown just couldn’t prove that.

“But in my submission those other aspects of it also make it more aggravating.”

Judge Jeff Clarke responded: “Yeah, well people don’t usually go around dry humping 12-year-old boys, so...”

Ms Lawrence also submitted there was an element of a breach of trust given the defendant was allowed to stay at the house where the complainant should have been safe.

Defence barrister Maree Willey said her client reported having “a positive childhood” but he sustained a head injury in a car accident when he was about 15 years old.

Ms Willey said it was after that accident that her client started using volatile substances (chroming), primarily glue and paint, and he used them from the age of 15 to about 21.

Ms Willey said her client completed Year 12 but he was unable to read or write particularly well.

“He hasn’t completed any further study and hasn’t had any paid employment since he finished school,” she said.

The barrister said her client was on a disability support pension, he had no children and he lived alone in Central Queensland.

Ms Willey said her client no longer used the volatile substances but he had used cannabis from the age of 15 to the present time.

In relation to the offending against the child, Ms Willey submitted there was no breach of trust.

“He (boy) wasn’t in my client’s care and the complainant informed police that whilst there may be a distant relationship, he had not met my client before that day,” Ms Willey said.

The barrister said, in relation to her client’s lengthy criminal history, there were no prior offences of a similar sexual nature against children.

Before handing down sentence, Judge Clarke said the defendant had “taken advantage of the situation” on the night of the offending “by preying upon a sleeping child”.

“Your behaviour was predatory and it was said to be a breach of trust...” Judge Clarke said.

Judge Clarke noted the defendant had served nine days in pre-sentence custody and he imposed a sentence of 12 months’ jail.

“To acknowledge your plea of guilty and the delay that you may encounter in receiving a hearing of the parole board, I set your parole eligibility date as at today’s date, 30th of March, 2022,” Judge Clarke said.

The defendant was found in breach of a suspended sentence and one month jail was activated, to be served concurrently.

The defendant is now a reportable child sex offender.

Originally published as Central Queensland man sentenced for dry humping a boy, 12