Archive for August, 2014

Rodney Charles Cuthbert

Posted: August 30, 2014 by Serendipity in Tasmania
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Fireman jailed for rape

  • August 30, 2014 12:00AM

A DECORATED fireman who raped a woman after a friend’s 50th birthday party was jailed for three and a half years in the Supreme Court yesterday, but has avoided being placed on the sex offenders register.

In sentencing Rodney Charles Cuthbert to a non-parole period of 21 months, Justice Helen Wood said the 51-year-old had subjected his victim to a terrifying ordeal when he entered her unlocked house on July 6 last year and forced himself upon her in the living room.

The court heard that Cuthbert and the victim knew each other as acquaintances as the woman was a neighbour of a friend.

Justice Wood said the woman – 15 years Cuthbert’s junior – was completely disinterested in him sexually and was distressed when the older man forcibly kissed her at a house party hosted by Cuthbert’s friend.

The woman left the party around midnight and Cuthbert followed her, entering her house without knocking.

Finding the woman getting undressed in the living room, Cuthbert ignored her protests and pushed her onto a matt­ress where he raped her.

Afterwards, he asked if he could call her.

Wearing a dressing gown and in tears, the victim left her house and gained the attention of a partygoer who called police.

When interviewed by police the next day, Cuthbert did not deny sex had taken place but claimed it had been consen­sual.

Justice Wood acknowledged the distress and emot­ional harm the incident had caused the victim, saying she was likely to suffer for years to come. But she said Cuthbert’s references and exemplary work history, which included being awarded the National Medal, were signif­icant factors in mitigation.

She described Cuthbert’s actions as totally out of character, and said the father of two would lose his car­eer and was unlikely to offend in a similar way again. With time already served, Cuthbert will be elig­ible for parole in May, 2016.


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Grant Western

Posted: August 29, 2014 by Serendipity in South Australia
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Sexual offender Grant Western jailed for abusing boys

Posted Tue 22 Jul 2014, 1:13pm AEST

A man has been jailed for five years for sexually abusing three boys in Adelaide decades earlier.

Grant Western, 61, was found guilty of two counts of indecent assault and three of unlawful sexual intercourse.

The District Court was told two of Western’s victims were newspaper sellers in the city, and he met another met at the Royal Adelaide show in the late 1980s.

Western drove taxis at the time and gave one boy money in exchange for sexual encounters in public toilets.

Judge David Smith said the offending started in 1974 when the first victim was just 12.

He told Western his predatory and self-gratifying behaviour had lasting effects on his victims.

Judge Smith said Western had not admitted his guilt nor shown remorse and would be vulnerable in jail.

Western can seek parole in three years.


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Vic man preyed on girls during games

June 20, 20171:11pm

Rick Goodman Australian Associated Press

A Victorian man who preyed on his young victims while playing games like “Doctors” and “Simon Says” has been jailed for six years.

Douglas Povey, 71, indecently assaulted three girls in a small country town in Victoria between 1975 and 1990 when they were only seven, 10 and 11.

In his sentencing on Tuesday, Victorian County Court Judge John Jordan described Povey’s crimes as “opportunistic and predatory”.

He took advantage of one girl while she was home alone, and another he lured into his own home before molesting her.

“You engaged her in a game of ‘Doctors’,” Judge Jordan said.

“You took her into the bedroom under a pre-text that you wanted to show her something.

“The offending was only interrupted by an unexpected visitor turning up in a vehicle.”

He told one of his victims “not to tell anyone” about what happened and said no one would believe her anyway.

Povey tried to pull another girl’s pants down during a game of “Simon Says” but she forcefully resisted.

Two victims delivered powerful statements in court, speaking of the suffering they endured and their resilience in the face of trauma.

“He took from me all that was good and safe,” one woman said in her victim impact statement during a sentencing hearing.

“The events of that night never left my mind.”

But the woman said she has “grown strong with age”, finishing with a well-known quote.

“The devil whispered in my ear: ‘You are not strong enough to withstand the storm’,” she said.

“Today I whispered in the devil’s ear: ‘I am the storm’.”

The judge said Povey had shown no remorse and had poor prospects for rehabilitation.

Povey was found guilty of six counts of indecent assault in 2017 after two jury trials in the County Court in Warrnambool.

Already behind bars for similar crimes, he was sentenced on Tuesday to a further six years with at least four years and six months to be served in jail.

Povey was tied up and beaten in his home by two men seeking revenge for a boy he sexually assaulted in 2013.

The vigilantes were found guilty of several charges but spared jail.

Povey will be eligible for parole in February 2023.

‘I am the storm’: sex victims defy abuser

Rick Goodman – AAP on June 16, 2017, 4:17 pm

Two Victorian women who were sexually abused as children have spoken of the suffering they endured – and the strength they now have as adults.

They were aged just seven and 11 when they were indecently assaulted by Douglas Povey in the 1970s and 80s in country Victoria.

The 72-year-old pedophile was found guilty in 2017 after two trials in the Victorian County Court.

The women spoke at Povey’s plea hearing on Friday, saying he stole their innocence but they haven’t let him ruin their lives.

“You reach a point when you realise you were only seven, an innocent child who was victimised and terrorised at the hands of a disgusting man,” one woman said in her victim impact statement.

“An innocent child who has grown into a strong woman despite this horrible trauma.”

She experienced flashbacks and nightmares after the abuse and later depression, anxiety and post-traumatic stress.

It was too confronting to talk about with family and friends, so she carried her burden alone.

“Not because I am ashamed but because I don’t want them to have to listen to the trauma,” she said.

The other victim, now in her early 50s, said she grew up in a town in Victoria’s west where kids felt safe walking to school alone.

But that changed after she was preyed on by Povey when she was home alone.

“He took from me all that was good and safe,” she said in her statement.

“The events of that night never left my mind.”

But the mother and wife said she has “grown strong with age”, finishing with a well-known quote.

“The devil whispered in my ear: ‘You are not strong enough to withstand the storm’,” she said.

“Today I whispered in the devil’s ear: ‘I am the storm’.”

Povey, who is in jail for other sex crimes, will be sentenced on six counts of indecent assault later in June.

In 2013, Povey was tied up and beaten by two men seeking revenge for a boy he sexually assaulted.

The vigilantes were found guilty of several charges but spared jail.



A man who robbed & bashed Povey has received a suspended jail sentence. He pleaded guilty in the Warrnambool County Court to burglary, intentionally causing injury, false imprisonment & robbery. He was jailed for two years & nine months but that sentence was suspended for three years. Povey suffered minor injuries & was hospitalised & then placed in an aged care facility. A doctor noted that Povey struggled with psychological trauma after the assault & suffered flashbacks & anxiety.



Povey has been charged with an additional 10 sex abuse offences. The case has been adjourned until July 19.

Ex-Coleraine man jailed over child sex assault

Wed 27 Aug 2014, 11:23am

A 69-year-old man from south-west Victoria has been sentenced to at least four years in prison for the indecent and sexual assault of a person under 16.

Douglas Norman Povey, formerly of Coleraine, pleaded guilty to nine charges in the Warrnambool County Court over four incidents from 1988 to 1991.

In sentencing, Judge Mark Taft said Povey had tried to bribe the victim to keep quiet last year, by offering him more than $5,000.

Povey was sentenced to a total of six years in prison and will be registered as a sex offender.


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On the first charge of using a carriage service to access child abuse material he was given a nine-month suspended sentence, ordered to pay a $900 bond and given two years probation.

On the second charge he was given a 12-month suspended sentence, ordered to pay a $900 bond and given 12 months probation.

Former Orange teacher who viewed child abuse material “petrified” of going to prison

Fri 22 Aug 2014, 7:13pm

A former Orange Public School teacher convicted of two charges relating to child abuse material is expected to escape going to jail.

Forty three-year-old Jarrod Johnson-Smith appeared in the Orange District Court on Thursday with his parents and gave evidence to Judge Colin Charteris regarding the charges of using a carriage device to access child pornography and possessing child abuse material.

Thirty six images found on a USB drive on Johnson-Smith’s laptop last September were tendered to the court.

The Commonwealth prosecutor Stacey Hatch said a majority of those images were ‘on the lower end of the scale’.

When asked how he felt about the seriousness of the offences, Johnson-Smith said he was “absolutely disgusted” with himself and that he had been seeking psychological treatment in Sydney.

Jarrod Johnson-Smith told the judge he was “petrified” of going to jail.

The court heard the 43-year-old searched for images of teenage boys because he was morbidly obese and he wanted to imagine himself looking like they did.

He said he wasn’t aware he was sexually attracted to children.

The judge was told the psychologist treating Johnson-Smith deemed the offender must have been receiving some sort of gratification from his actions.

Judge Charteris said he wanted to confirm whether he could impose a longer good behaviour bond in conjunction with a suspended sentence and will deliver the sentence next Wednesday.

Teacher filmed up skirts of young girls


Aug. 20, 2014, 9:49 p.m.

A primary school teacher has been jailed for filming up the skirts of young girls at two schools south of Wollongong.

Joel Peter Robinson had disgraced the profession by his actions, a Port Kembla Local Court magistrate said on Wednesday.

The 41-year-old was sentenced to a minimum 15 months in jail after he was found guilty of 11 charges of filming a person’s private parts without their consent.

Robinson, of Horsfield Bay, pleaded not guilty at a hearing earlier this year, arguing he did not have possession of the mobile phone that was used to film the children.

However, magistrate Michael Stoddart found that Robinson had been responsible for the offences, committed while working as a substitute teacher in two schools south of Wollongong.

In sentencing Robinson, Mr Stoddart said he took into consideration the man’s position of trust and authority as a teacher.

“Quite rightly in my view the community have relied on teachers to not only educate their children but look after their children, keep them safe,” he said.

“It’s an honourable profession and in my view Mr Robinson has disgraced that profession by his actions.

“The behaviour can only be described as absolutely disgusting on behalf of a professional person where the innocent victims are children.”

As Mr Stoddart described a letter written by the 41-year-old’s wife, seeking compassion, Robinson openly wept in court.

Mr Stoddart said the lengthy letter conveyed a deep sadness that the family’s lives had been forever changed by Robinson’s actions.

The court heard there was no evidence the videos had been distributed to anyone else, nor that any physical abuse had occurred.

Robinson’s defence lawyer told the court his client suffered from depression and the effects of abuse he had suffered as a child.

Mr Stoddart said a custodial sentence was appropriate.

Robinson was handed an aggregate sentence of 20 months with a non-parole period of 15 months.


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Suspended sentence for sexual abuse of mentally impaired girl overturned

By Jacob Kagi

Wed 27 Aug 2014, 5:30pm

A man who sexually abused a mentally impaired child has had his suspended sentenced overturned by Western Australia’s highest court.

The Court of Appeal today overturned the 18-month suspended sentence handed to Kenneth Raymond Hassell for the 2012 abuse of a 10-year-old girl in Pinjarra.

Hassell will instead begin serving an 18-month jail term from today, after the court upheld an appeal lodged by the Director of Public Prosecutions.

Justice Stephen Hall said there was an “obvious disconnect” between the seriousness of the offences and the original suspended prison term, noting the victim’s vulnerability through her learning difficulties and Hassell’s lack of remorse.

Hassell, who was 59 at the time of the offences, kissed and indecently touched the girl in a sexual way and also threatened to kill her.

He was convicted earlier this year of two counts of indecent dealing with a child.

The incidents took place at a friend’s house, which Hassell had been visiting, as had the girl and her mother.

When confronted by friends about the offences after the victim told her mother, the court was told Hassell said words to the effect of “she came onto me”.

He was then assaulted by another man at the house and suffered two broken toes.

Hassell told police he was highly intoxicated at the time.

He was made eligible for parole.

Child molester gets sentence extended but no jail time

Wed 27 Aug 2014, 1:55pm

The Queensland Attorney-General’s bid to have a serial child sex offender jailed has failed but the man’s sentence will be extended.

In March this year, Garry John Beattie was sentenced to to 18 months’ jail wholly suspended, after pleading guilty in the the Bundaberg District Court to seven counts of indecent treatment of children under the age of 16, involving two boys, one in 1996 and one in 2001.

Attorney-General Jarrod Bleijie appealed, arguing the sentence was manifestly inadequate and failed to take into account Beattie’s 27-year history of similar offences.

The Court of Appeal found Beattie’s history had not been properly considered but in extending the suspended sentence to two and a half years, determined time in jail would not act as a deterrent nor provide better rehabilitation than the probation treatment he was already in.



1992 – South Australia District Court

2004 – Victorian Magistrates Court

2007 – Bundaberg District Court

2010 – Bundaberg District Court (Received an 18 month jail sentence)

2011- Melbourne County Court

2012 – Melbourne County Court (Jailed for 12 months which was wholly suspended)

2012- Bundaberg Magistrates Court (Fined for failing to report)

2014- Bundaberg District Court (18month wholly suspended sentence)


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