Sexual offender who molested three foster children says his sentence ‘manifestly excessive’

A foster carer sentenced in Cairns District Court for molesting three children in his care claims his four-and-a-half-year sentence was “manifestly excessive”.

The four-and-a-half year sentenced imposed on a foster carer who indecently dealt with three children in his care, one as young as six, will stand after the court of appeal refused his application.

A foster father who molested three young children in his care over several years has lost his appeal for a shorter sentence.

The man, who cannot be named to protect the identity of the children, was sentenced to a total of four and a half years’ jail after pleading guilty in Cairns District Court late last year to seven counts of indecent treatment of a child.

The court was told the man, who otherwise had no criminal record and “a good employment history”, molested the children – two girls and a boy – over a four-year period.

The children were usually in their own beds or in bed with the man at the time of the crimes, with offences committed against three children under 13.

The indecent dealing involved the man either exposing himself to the children, touching them or encouraging them to touch him, the court was told.

Judge Leanne Clare imposed cumulative sentences on the man, noting that he had committed a gross “betrayal of the heavy trust” as a foster father.

Judge Leanne Clare described the man’s crimes as a gross “betrayal of the heavy trust” placed upon him.

The man claimed in the Court of Appeal that his sentence was “manifestly excessive in all the circumstances” and that the sentencing judge “erred in failing to give reasons for the imposition of a cumulative period of imprisonment”.

In giving reasons for rejecting the man’s appeal, Justice David North said that although the sentencing judge did not give “elaborate reasons”, this was not an error of law.

“Her Honour’s reasons were short but they addressed relevant considerations, including the prospect of a ‘proportionate’ sentence designed to serve the dual interests of protecting the vulnerable and deterrence,” Justice North said.

He said the sentence was not “excessive” because the offending was serious, the children were young and vulnerable and the crimes were planned, rather than impulsive.

“The applicant offended on six distinct occasions over a four-year period. The offending involving the applicant exposing himself, pinching or touching the genitals of the child or having them touch him. There were three separate complainants, two of whom were prepubescent at the time of offending and the most serious offending was against the younger complainants,” Justice North said.

The man abused the children in their own beds and in his bed, the court was told.

“All complainants were vulnerable because they had been removed from their mother’s care and the offending involved betrayal of trust by a foster father.

“While the applicant’s plea spared the complainants the ordeal of giving evidence under cross examination, the facts and circumstances do not suggest remorse on his part.”

Justice North upheld the sentence and refused the man’s application, saying Judge Clare was “mindful of the totality considerations” and had moderated the four-and-a-half year imprisonment by setting a parole eligibility date at 16 months.

Originally published as Sexual offender who molested three foster children says his sentence ‘manifestly excessive’