{"id":537970,"date":"2026-03-13T14:54:13","date_gmt":"2026-03-13T14:54:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/537970\/"},"modified":"2026-03-13T14:54:13","modified_gmt":"2026-03-13T14:54:13","slug":"teen-who-sexually-assaulted-10yo-girl-in-mackay-has-convictions-recorded-after-appeal","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/537970\/","title":{"rendered":"Teen who sexually assaulted 10yo girl in Mackay has convictions recorded after appeal"},"content":{"rendered":"<p class=\"paragraph_paragraph___QITb\">A teenager who broke into a family home and molested a 10-year-old girl will now have convictions on his criminal record, after an appeal judge ruled the original sentence did factor in community benefit.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The teen, who cannot be named for legal reasons, was 17 when he removed the fly screen from a kitchen window and broke into the home in 2024.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He pleaded guilty in the Mackay District Court in June 2025 to four charges, including burglary, indecent treatment of a child under 12, stealing, and threatening violence at night.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He was sentenced to two years&#8217; detention, suspended immediately, and two years&#8217; probation with no convictions recorded.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Queensland Attorney General Deb Frecklington appealed the sentence on the grounds that it failed to &#8220;properly reflect&#8221; the seriousness of the offending.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Today, Supreme Court Justice David Boddice allowed the appeal and ruled that convictions be recorded on all four counts, but found the sentence had not been unjust.<\/p>\n<p><img decoding=\"async\" alt=\"an old brick building on a sunny day with a bird statue out the front and a Queensland flag flying\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2026\/03\/94699f2c45975de37321c3c8c54dfa1c.jpeg\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">The original sentence was handed down at Mackay District Court in June last year. (ABC Tropical North: Melissa Maddison)<\/p>\n<p>Original sentence<\/p>\n<p class=\"paragraph_paragraph___QITb\">During the original sentencing, Judge John Allen KC said the teen had entered an early guilty plea and had suffered &#8220;profound disadvantage&#8221; throughout his life.<\/p>\n<p class=\"paragraph_paragraph___QITb\">A forensic report found his parents had &#8220;significant&#8221; substance dependencies, which compromised their ability to care for their children.<\/p>\n<p class=\"paragraph_paragraph___QITb\">It also heard there was an extensive child protection history, including concerns the teenager had been sexually abused by adult males.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He also weighed the impact of the teenager spending 330 days in pre-sentence detention, and his age at the time of the offending.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Judge Allen said he would exercise his discretion to not record convictions.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;You are being given a chance today favouring your rehabilitation by the sentencing orders I have made,&#8221; he said.<\/p>\n<p>Court of Appeal records convictions<\/p>\n<p class=\"paragraph_paragraph___QITb\">However, Justice Boddice ruled today that the decision had not adequately factored in the benefit to the community from recorded convictions.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;This conclusion particularly arises when regard is had to the respondent&#8217;s poor response to treatment and supervision to date and his high risk of sexual re-offending,&#8221; he said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">Justice Boddice noted the teenager had faced court five times prior to the current offences.<\/p>\n<p class=\"paragraph_paragraph___QITb\">&#8220;Whilst the respondent was young and recording convictions will have an effect on the progress of future rehabilitation, the greater benefit to the community is that convictions be recorded,&#8221; he said.<\/p>\n<p>Family safety violated<\/p>\n<p class=\"paragraph_paragraph___QITb\">During the original hearing, Crown prosecutors said the teenager entered the young girl&#8217;s bedroom and assaulted her, running out of the house when she resisted and screamed for help.<\/p>\n<p class=\"paragraph_paragraph___QITb\">He then stole mobile phones belonging to her parents, which were later tracked by police to an address where he was found hiding, the prosecution said.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard after being released by police later that night, the teen threatened the father of the 10-year-old, saying he would &#8220;pop him&#8221; with his &#8220;Winchester&#8221; because he had called the police.<\/p>\n<p class=\"paragraph_paragraph___QITb\">In a victim statement, heard by the Mackay Children&#8217;s Court, the family said their sense of safety had been shattered, and they had &#8220;suffered traumatically&#8221; because of the teen&#8217;s actions.<\/p>\n<p class=\"paragraph_paragraph___QITb\">The court heard the teenager had five separate appearances in the Children&#8217;s Court of Queensland between 2023 and 2024.<\/p>\n<p class=\"paragraph_paragraph___QITb\">When he was aged 14, he pleaded guilty to attempting to rape a woman he had followed while she was out on a walk in March 2022.<\/p>\n","protected":false},"excerpt":{"rendered":"A teenager who broke into a family home and molested a 10-year-old girl will now have convictions on&hellip;\n","protected":false},"author":2,"featured_media":104851,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[266768,64,63,182368,651,75490,266767,48,19445,11226,44,6671,1049,12628],"class_list":["post-537970","post","type-post","status-publish","format-standard","has-post-thumbnail","category-australia","tag-10-year-old-girl","tag-au","tag-australia","tag-break-in","tag-brisbane","tag-child-sexual-assault","tag-convictions-recorded","tag-crime","tag-home-invasion","tag-mackay","tag-news","tag-sexual-assault","tag-supreme-court","tag-teenager"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/537970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=537970"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/537970\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/104851"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=537970"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=537970"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=537970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}