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A THREE-YEAR jail sentence for an 18-year-old who sexually assaulted a five-year-old boy was unjust, a distressed mother said yesterday. The mother said she was happy the case was over, but no sentence would be enough and could not change what had happened. Judge Leslie Ross described David Gregory Byrnes' assault on the boy in the toilets at Belmont's Kmart Plaza as "a depraved, cruel and ruthless act". The boy was shopping with his mother last May when Byrnes trapped him in his toilet cubicle, locked the door and sexually penetrated him. Two men chased Byrnes as he left the toilets. The boy was pulling up his pants and crying. Judge Ross told Melbourne County Court the boy was extremely distressed after the incident and received bruising to his body. He said the boy was seeing a counsellor since the incident and experienced nightmares and a loss of trust with his family and the community. ]udge Ross said he found Byrnes to be suitable for an adult jail and not a youth training centre. He did not see him as vulnerale or impressionable. "This young man has been a client of human services for many years and had access to counselling.. but things haven't worked out for him," Judge Ross said. He acknowledged Byrnes had to "contend with extraordinarily difficult circumstances growing up" and his parents abandoning him, and said it may have contributed to his delinquent behaviour. He was sentenced to a total 3 1/2 years' jail with a minimum of two years before being eligible for parole. AAP (20-11-2004) Christine Antoniou |
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AN 18-year-old man who sexually assaulted a five- year-old boy in the toilets near K-mart in Belmont will be sentenced once a youth training assessment report is completed. David Gregory Byrnes, of no fixed address, was to be sentenced yesterday in the Melbourne County Court. But Judge Leslie Ross ordered a pre -sentence youth training report to determine whether Byrnes was suitable for a training option rather than an adult jail. The boy was shopping with his mother in May this year when Byrnes walked into his toilet cubicle, locked the door and sexually penetrated him. Two men chased Byrnes as he left the toilets after they saw the boy pulling up his pants and crying. The court previously heard Byrnes had a mild intellectual disability and had been diagnosed with attention deficit hyperactivity disorder for which he was supposed to be medicated. The court heard it was voices in his head that made him do it. Byrnes pleaded guilty to deiaining the boy for the purpose of sexual penetration and sexual penetration of a child under 16 in a September hearing. A pre-sentence psychiatric report has been completed. A sentencing date has yet to be filed for Byrnes, who has been remanded in custody. AAP (13-11-2004) Christine Antoniou |
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A YOUNG man who trapped and sexually assaulted a five-year-old boy in the toilets at Belmonts K mart Plaza acted because of voices in his head, a court heard yesterday. David Gregory Byrnes knew the child was in pain and crying "but he said his mind was telling him to do it over and over", Crown prosecutor Andrew Moore said. The little boy was shopping with his mother on May 21 this year for a present as a reward for good work at school. He was singing softly to himself in the toilet cubicle but when he opened the cubicle door lo leave, Byrnes pushed him back inside and locked the door. There was no conversation between them, only the child's cries of pain and fright as Byrnes sexually penetrated him. Two men walked into the toilets as Byrnes was leaving, and gave chase to him when they saw the five-year-old pulling up his pants and crying, Mr Moore said. It took some time for the traumatised child to be able to speak, but when he found his mother, he told her something had been placed in his bottom, the court heard. Police found Byrnes the next day, living in a tent in Cameron Park, off High Street, Belmont and near the plaza where he committed the act. He told police he was not particularly attracted to boys but had thoughts many times about the act be had committed. Byrnes, 18, of no fixed address, pleaded guilty to detaining him for the purpose of sexual penetration and sexual penetration of a child under 16. Benjamin Lindner, for Byrnes, said his client had been disowned by his alcoholic parents years before and was on a disability pension. Byrnes had a mild intellectual disability, behavioural problems and had been diagnosed with Attention Deficit Hyperactivity Disorder, for which he was supposed to be medicated. Byrnes, who has already served 100 days in detention, has been remanded in custody for a pre-sentence psychiatric report. Geelong Advertiser (7-9-2004) Natalie Staaks |
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