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Child sex offender jail term cut

A DECISION to cut a paedophile's sentence is "bittersweet", the mother of an abused child says.
Timothy Pottage, 44, sexually abused a girl, 8, while her brother watched helplessly in March last year. In July, he was jailed for 12 years, four months and 20 days with a non-parole period of 10 years and 12 days.
In sentencing, District Court Judge Rauf Soulio declared Pottage a serious repeat offender.
The Court of Criminal Appeal yesterday reduced the sentence to nine years with non-parole of seven years and two months. It upheld the ruling he was a serious repeat offender.
The mother of the girl, who was in court to hear the ruling, said it was "bittersweet".
"I'm happy the serious repeat offender declaration stands," she said. "Hopefully that means he will have to be monitored in the future, but the fact is he's going to get out one day."

www.adelaidenow.com.au (22-12-2010)
Jordanna Schriever

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Court to reconsider offender's jail time

An appeal court will impose a fresh sentence on a man previously declared a serious repeat offender after sexually assaulting an eight-year-old girl.
In July this year Timothy Richard Pottage, 44, was jailed for at least 10 years after pleading guilty to two counts of unlawful sexual intercourse in relation to the girl who he had taken to see a horse.
But in the South Australian Court of Criminal Appeal on Tuesday, Justice Kevin Duggan said the three-judge panel would have to consider the penalty again after an error in the sentencing process.
When he imposed the jail term, District Court judge Rauf Soulio was told the maximum penalty for the offence was one of life imprisonment when it was actually a 10-year term.
The appeal court has also been asked to reconsider the declaration of Pottage as a serious repeat offender.
Defence counsel Angus Redford told the court his client did not resile from what he had done.
"What he did was an affront to society," Mr Redford said.
But he said branding Pottage a repeat offender removed any incentive for the man to engage in the rehabilitation process.
Mr Redford said Pottage would be labelled for the rest of his life.
"That's got to have an effect on any normal human being in how they see the rest of their life," he said.
At his earlier sentencing Judge Soulio said Pottage was already on parole for a frightening indecent assault at the time of the offence.
He took the girl and her nine-year-old brother from their home on the pretext of taking them to see a horse.
During the attack on the girl Pottage also told her she would not see her parents again.
In the appeal court on Tuesday, prosecutor Caroline Mealor conceded the court would need to consider Pottage's sentence again.
But she argued that the declaration of Pottage as a serious repeat offender should stand.
The court was expected to adjourn to consider its decision.

news.smh.com.au (16-11-2010)
Tim Dornin

Relief as serial child sex predator jailed

FOR 15 months, Ruby has been reading sentencing remarks of sex offenders hoping the man who molested her daughter would face a harsh punishment.
Yesterday, she felt relief when sex predator Timothy Richmond Pottage, 44, was declared a serious repeat offender and jailed for at least 10 years.
"My children are (young) now and I wanted them to be through their teenage years before he is released," Ruby (not her real name), said outside court.
"They are going to be well and truly hitting their 20s. They would have changed that much that he won't recognise them."
Pottage pleaded guilty to two counts of unlawful sexual intercourse with the then-eight-year-old girl while her brother watched helplessly in March last year.
At the time, Pottage was on parole for molesting a girl in front of her mother at knifepoint in 2004 in Adelaide's Northern suburbs.
Ruby and her husband, Peter, are angry it happened at all. They blame the parole board for not monitoring Pottage - and not knowing he was working for a business which occasionally delivered furniture to schools.
"It's just heartbreaking. The parole board has a duty of care and they let us down," Peter said.
"You can't do much about the people you don't know about, but people did know about him."
In sentencing yesterday, Judge Rauf Soulio said Pottage's crime warranted a "particularly severe sentence in order to protect the community".
He imposed a head sentence of 12 years, four months and 20 days with a non-parole period of 10 years and 12 days.
Pottage barely reacted during the sentencing and did not once turn to look into the court's public gallery. "He has never shown any sign of remorse ... he has just been blank the whole time," Ruby said.
She said repeat sex offenders should be subjected to GPS monitoring, so the Department of Community Corrections knew where they were at all times.
The couple now plan to sell their home and business and will move interstate to begin a new life. Their primary concern is their children's happiness.
Their daughter suffers continued nightmares, their son is full of anger and blames himself for not being able prevent the situation.
Their children are now fearful of men and the family is struggling to trust other adults.
"The message is you don't trust anybody with your kids, no matter who it is," Peter said.
"We will still break into tears about this in 10 years because it will never go away. The worst part is that ... we don't know how it will affect our daughter when she's 20."

www.dailytelegraph.com.au (21-6-2010)
Jordanna Schriever

Sex offender Timothy Richard Pottage to spend decade in jail for assaulting girl, 8

A MAN who sexually assaulted an eight-year-old girl after taking her to see a horse has been declared a serious repeat offender and jailed for at least 10 years.
Timothy Richard Pottage, 44, has pleaded guilty in the District Court of South Australia to two counts of unlawful sexual intercourse involving an eight-year-old girl last year.
He's alleged to have committed the offences while the girl's nine-year-old brother was present.
Judge Rauf Soulio sentenced Pottage today, saying the assaults had happened when he had already been on parole after another "frightening and dangerous" indecent assault.
"On the day of the offending you borrowed a vehicle from the young girl's father and took her and her nine-year-old brother, you said, to see your horse at a property at Kudla," Judge Soulio said.
"You apparently took the children there without the permission of their parents."
The judge said the victim had spoken of her fear at the time and says she still has nightmares and suffers from the embarrassment.
"She says she told you that she wanted to go home and that you would not let her and that you told her she would not see her parents again.
"Her brother has felt sad and embarrassed and also feels that you have ruined his life."
In his sentencing, Judge Soulio considered Pottage suffered childhood trauma with a violent alcoholic mother, whose male friends subjected him to sexual abuse.
He said a psychiatric report found Pottage was still a significant risk.
"Together with your apparent refusal to acknowledge any sexual interest in children, the frightening nature of the second offending committed ... and your apparent disregard for your parole conditions, lead me to conclude that you should be declared a serious repeat offender," the judge said.
He sentenced Pottage to 12 years, four months and 20 days with a non-parole period of 10 years and 12 days.
Pottage has requested a transfer back to his home state of Western Australia.

www.dailytelegraph.com.au (20-6-2010)
Liza Kappelle

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