Darling Downs teen guilty of ‘predatory’ Toowoomba CBD rape soon to be released

A teenage boy who committed a brazen, violent, and premeditated rape of a stranger who was walking home through the Toowoomba CBD will only spend one year and six months in a jail cell despite being deemed at risk of reoffending.

Darling Downs teen rapist to serve one year and six months after pleading guilty to the violent premeditated rape of a stranger who was walking home from work through the Toowoomba CBD in December 2023.

A young woman’s life changed forever when a teenage boy, who was stalking the streets for a rape target, spotted her blonde hair as she attempted to walk home from work through the Toowoomba CBD.

Almost a year since the violent rape in a garden bed at the Toowoomba City Library, the 16-year-old teenage boy was sentenced to serve 50 per cent of a three-year jail term for the monstrous crime in December 2023.

The teenager had no criminal history.

During his sentence in Toowoomba District Court, Crown prosecutor Nicole Friedewald said the young woman was significantly impacted by the event and could not physically bring herself to provide an impact statement.

However she noted police reports from the incident stated the woman feared for her life, that she would be killed with a knife if she did not comply, and believed she would never see her young child again.

The crime was captured on CCTV and a police officer from a nearby regional station immediately recognised the teen after seeing a still image from a Be On the Look Out alert sent internally by Toowoomba investigators.

A Darling Downs teen will spend one year and six months in detention after he violently raped a stranger in the streets of the Toowoomba CBD at 3am.

Teen stalked the streets on a scooter

Ms Friedewald said in the weeks before the offence, the then 15-year-old fantasised about raping a stranger and engaged in a level of premeditation.

The court heard CCTV from 3.14am showed the woman at the Little and Victoria Street intersection, and the teen was riding a scooter near Grand Central when he spotted her.

He began following the woman before approaching her and asked if she had seen his friends.

The teenager then told the woman she “wanted him,” she responded she was just trying to get home and to leave her alone.

He began circling the woman on the scooter and slapped her in the face.

Ms Friedewald said in an effort to get away from the teen the woman ran to the nearby library because she knew it was well lit and had CCTV cameras.

“She also had the hope there would be other people in that vicinity to assist her,” she said.

As she climbed the steps of the library the teen yelled at her to come back and she again told him to leave her alone.

He chased the woman, grabbed her by the arm, and when she began to fight against him he pulled her to the ground.

After a short struggle as he straddled her, she got up and ran, however he again chased her before pulling her to the ground, and dragging her into a garden bed.

The intersection of Victoria and Herries Sts in the Toowoomba CBD.

Brazen rape as council workers worked nearby

“I have a knife in my back pocket, if you don’t listen to me I will kill you,” he said while sitting on top of the woman before forcing the woman to commit a sex act.

It was not alleged the teenager had a knife on him.

When she tried to escape, he slapped her in the face and told her to lay back down.
He said if she listened to him, he would let her go.

The teen then held her down, covered her mouth, and attempted to rape her.

“Stop crying,” he told her while kissing her on her mouth.

“Shut up,” he said as he continued to try and rape her.

“Be quiet.

“Stop crying.”

Ms Friedewald said Toowoomba City Council trucks arrived, halting the assault for a few moments.

When the trucks moved further down the road, he told the woman he would let her go if she performed a sex act upon him which she did so out of fear.

After making sure no one was around the teen allowed the woman to sit-up and asked for her phone number.

Ms Friedewald said after he was given a fake phone number he continued to try to touch and kiss the woman.

“When he let go of her she walked away crossing over Herries St … she called her boss and imminently disclosed the offending … at 3.28am,” she said.

“(He) followed the complainant, once more he confronted her, he asked who she was on the phone to and if she told anyone.

“She denied being on the phone.”

After again trying to be physical with the woman, he left on his scooter.

The injured woman was then transported to hospital by an ambulance.

He was arrested at his mother’s house at 9.30am that morning wearing what looked to be the same clothing.

Chilling report into rapist’s mind

Ms Friedewald said a court report found he showed no contrition, regret, or remorse, and appeared to have a relatively callous indifferent attitude towards the impact of his “incredibly serious … predatory and degrading,” actions towards complete stranger.

She noted in the weeks before the incident, he engaged in “high risk deviant sexual fantasies of raping a stranger,” she said.

“He also left some of his belongings with a friend immediately before committing these acts which support a level of pre offence preparation.

“He was ultimately interested in obtaining egocentric sexual gratification.

“He maintained sexual arousal despite the complainant’s distress.”

Crown prosecutor Nicole Friedewald at Toowoomba Magistrates Court. Picture: NewsWire / John Gass

The court heard the report noted he found the woman’s struggle and crying to be annoying during the incident.

Ms Friedewald said the teen told the physcitrist he tried to get the woman’s number to call her after and threaten her not to report the offending.

“He has some concerning opinions that are essentially common rape supportive attitudes,” she recalled from the report.

He was found to have relevant conditions, including several conduct disorders with callous unemotional traits, and the court heard a further assessment may be needed to ascertain if anything further was at play.

When asked how he intended to reduce his risk of reoffending, he said “I just need to stay away from women,” and when asked if he considered himself a risk to all women, he disagreed, stating the only risk he posed was to “stranger women,” who were unable to identify him.

The report found he presented a high risk at reoffending against women – which Ms Friedewald said was deemed a “conservative” estimate.

Teen to walk free in six months

Ms Friedewald said given the serious nature of the crime the teen should be required to serve more of his head sentence before being released back into the community.

She submitted a four-year jail term, with a release after serving 80 per cent of the time.

Ms Friedewald asked Judge Dennis Lynch KC if he found special circumstances were a mitigating factor, the teen be released after serving 60 per cent of the head sentence imposed rather than the usual 50 per cent.

She also asked for a conviction to be recorded.

Barrister Nathan Edridge, Bouchier Khan Criminal Defence Lawyers, submitted a two to a two-and-a-half-year jail term, to be released after 50 per cent was within range and sought for no conviction to be recorded.

Judge Dennis Lynch KC moved the sentence to the Ipswich jurisdiction because he needed time to considering his decision.

Mr Edridge said the teen’s case was open to special circumstances, however relied on his written submission rather than reading the mitigating features into the record, other than there was serious domestic violence within his home.

He said despite his client previously expressing no interest participating in sex offender courses, prior to his sentence he acknowledged the need.

The court heard while in juvenile detention the teen, who had a deprived upbringing, was being targeted by others because of his offending.

Before Toowoomba District Court in July, the teen pleaded guilty to three counts of rape, and one count each of sexual assault and attempted rape.

At the Ipswich District Court on Friday, December 13, Judge Dennis Lynch KC found the teen’s circumstances required him to serve less time behind bars.

The teen was sentenced to a three-year jail term, with release after serving 50 per cent of the term.

He was also sentenced to a three-year probation order, with a special condition that he complete a sex offenders program.

No conviction was recorded.