Man denied appeal for indecent treatment of a child
A SOUTH Burnett man has been denied his appeal application for indecent treatment of a child under 12 years in the supreme court.
The man, who is now 20 years old, was sentenced as an adult to probation for three years in Kingaroy Children's Court on August 27, 2018 and a conviction was recorded.
The prosecutor and defence agreed on the facts of the case that the offence was committed when an 11-year-old girl was staying with the applicant, who was 16-years-old at the time, while the girl's mother was in hospital.
According to the facts, the applicant approached the 11-year-old girl from behind while they were watching TV.
He kissed her on the cheek, placed his hands on her breasts and squeezed them on the outside of her clothing.
The offence was committed between June 22, 2015 and August 11, 2015, a complaint was made to police in January 2016, and in March 2016 the applicant agreed to be interviewed but did not make any relevant admissions.
The defendant appealed his sentence on the grounds he was sentenced as an adult despite being 16-years-old at the time of the offence and that recording a conviction was excessive.
In reaching a decision, the sentencing judge noted the applicant's age and described the offending as "fairly low level indecent treatment" but recognised that no information had been provided about how the girl was affected by the incident.
In October 2012, when he was 13, the applicant was sentenced to two and a half years' probation for rape and common assault of his half-brother.
The judge said that while the behaviour in that case was described as domination, the subsequent offending suggested a sexual interest in younger people.
His Honour also noted that the applicant had been in a de facto relationship for three years and that there was a child in the relationship.
The court heard the applicant had a dysfunctional childhood, suffered from depression and various behavioural conditions but the judge observed that they had no contribution to the offending.
While the offending occurred while the applicant was a child, the sentence was determined by reference to the sentence that would have been imposed if dealt with under the Youth Justice Act.
His Honour said if the applicant had been dealt with as a juvenile it was likely a period of detention would have been imposed.
Due to the applicant's criminal history, His Honour deemed it was appropriate a conviction was recorded.
The appeal was opposed.