Cairns crime: Father guilty of five sex offences including rape against his children

A drunken father who was primary carer of his son and daughter faced Cairns District Court on five charges of offences against the children.

An overseas-born father faces the prospect of being deported after he has served a prison sentence for sexual and other offences against his children, Cairns District Court has heard.

The highly educated man was the primary carer of his children but was often extremely drunk, the court heard.

The man, who cannot be identified, pleaded guilty to one charge of rape, three charges of indecent treatment and two charges of assault.

In his sentencing remarks, Judge Dean Morzone KC noted in August 2021, the children’s mother was at work and the children were doing their homework when the man mistook a bookcase in the room for the toilet in the next.

A Cairns father, aged 41 at the time of the offending in August 2021, could be deported upon release from prison after being convicted on five charges involving offences against his children. Picture: File photo

One of the children tried to catch the urine in a bin and the other child told him to stop and the man became very angry, chasing and catching his 12-year-old son, throwing him to the floor and punching him in the stomach and subsequently in the jaw.

The man, who was 41 at the time, demanded the boy perform a sexual act and threatened to hit him if he did not comply, the court heard.

The three indecent treatment charges were for sexual acts involving his daughter.

“You had them in your care at times when you became recklessly drunk and you breached their trust and forced the most vile of acts, particularly in relation to your son,” Judge Morzone said.

“Your conduct was the most vile of its kind against young and vulnerable children, and you were their father,” he said.

“It will impact them for a significant period.

“You have not yet gained citizenship, which places you at almost sure jeopardy of deportation,” he said.

He said the offending occurred when the man was so drunk his memory was different or absent.

Cairns District Court heard the man was so drunk he urinated into a bookcase, thinking it was the toilet. Picture: File photo

“That the recklessness of your ways is demonstrated by urination, having missed not only the toilet but the whole room, and your reaction was one of violence and domination, but of sexual exploitation for your own pleasure, but as part of, it seems, a form of punishment for the child,” Judge Morzone said.

He imposed a head sentence of five years’ prison time with 519 days spent in custody – from November 18, 2021 – to be time already served.

He ordered the terms of imprisonment to be suspended after the man had served one third, or 20 months, with an operation period of five years.

“That means that upon your release, if you commit an offence, you are likely to be sent to prison to serve the balance of the term of imprisonment,” Judge Morzone said.

Originally published as Cairns crime: Father guilty of five sex offences including rape against his children