Queensland’s attorney-general has lost his bid to keep a pedophile, who sent a love letter to his victim from behind bars, in jail for longer.
BRISBANE June 24 AAP – A pedophile who sent a love letter to his nine-year-old victim from behind bars will not have his sentenced increased.
The 21-year-old, who cannot be named for legal reasons, was sentenced in January to three years’ jail, to be suspended after nine months, for rape and indecent treatment of a boy on the Sunshine Coast in 2013.
Attorney-General Jarrod Bleijie appealed the sentence at the time, arguing it was manifestly inadequate given the crime involved very serious sexual abuse of a young boy.
Court transcripts revealed the pedophile was a family friend and his victim considered him to be like a big brother.
It emerged in May, after the appeal was lodged, that the rapist had been able to send a love letter from jail to the boy, who was eight when the offences occurred.
The boy’s mother, who also cannot be named, said the letter was a “sob story” to her son about how tough prison was.
“The thing that revolted me the most was the bit at the end where he told my son he would always love him,” she said at the time.
The revelation sparked an investigation by prison authorities but the letter wasn’t considered in Tuesday’s judgment.
The Court of Appeal on Tuesday rejected Mr Bleijie’s application and unanimously ruled the pedophile’s sentence wasn’t inadequate given his age, remorse and lack of criminal history.
The court made its ruling based on the fact the offences for which the pedophile was sentenced all occurred on one day, January 27, 2013, after the boy had slept over at his house.
“Whilst the respondent occupied a position of trust, he was not the child’s father or parental figure,” Justice Roslyn Atkinson said.
“There was no evidence of threats, violence or the use of force and no evidence of the child’s resistance or physical injury to the child.”