Benjamin John Handley pleads guilty to indecent treatment of a child

A former senior constable has walked free from a Sunshine Coast courthouse, avoiding jail time after pleading guilty to indecently treating an underage cafe worker.

Benjamin John Handley leaves the Maroochydore Courthouse on October 20, 2023.

A former Sunshine Coast cop has avoided time behind bars after he was sentenced for indecently treating a young girl who was working at a cafe.

Benjamin John Handley, 41, appeared in the Maroochydore District Court on Monday, October 23, for the conclusion of his sentence, which began on Friday, October 20.

Handley was convicted of two counts of indecent treatment of a child under 16.

On Friday, the court was told Handley had met the victim, who was aged 15 at the time.

Crown prosecutor Alex Stark told the court Handley then contacted her on social media before they engaged in sexual acts in Handley’s home.

Mr Stark said Handley was told in February 2018, before the offences took place, the girl was underage.

On Friday, Mr Stark argued the “good character” of a police officer had assisted Handley’s offending, however, District Court Judge Gary Long ultimately rejected the argument.

In the sentencing on Monday, Judge Long told the court Handley’s role as a senior constable with Queensland Police had not assisted with his offending, stating no evidence found it “was anymore than an incidental circumstance”.

Judge Long also told the court there was no evidence of predatory behaviour by Handley.

“It is not an issue that it is to be on the basis that the acts involved were mutually consensual, in those circumstances, as I have noted, there is no basis for concluding that there was, notwithstanding the age differential, any particular aspect of predation or sexual exploitation,” Mr Long said.

Mr Long said it was noted the offences had taken place as the victim approached her 16th birthday and no victim impact statement had been provided.

“That absence provides nothing upon which to base any finding with any actual impact, or as noted, any insight into the particular dynamics of your relationship with her,” Mr Long said.

Mr Long told the court the circumstances warranted an “exceptional approach”, where Handley would not be ordered to spend any time behind bars.

Handley was sentenced to 18 months’ imprisonment, wholly suspended for three years.

Originally published as Benjamin John Handley pleads guilty to indecent treatment of a child