Posts Tagged ‘extended supervision order’

4:10pm March 2, 2017

SA pedophile’s internet use restricted


The internet is now so integral to people’s daily lives that a convicted pedophile should be allowed to go online, a South Australian Supreme Court judge has ruled.

However, 39-year-old Darren Graetz has been banned from using the internet to talk to “vulnerable women” with children even though he has served his prison sentence.

Graetz was jailed for indecently assaulting a 12-year-old intellectually disabled boy in 2014 and upon his release last year, the state attorney-general applied for an extended supervision order.

This order was made on Thursday with conditions restricting his internet use, making him wear an electronic monitoring device for three years, and prohibiting all contact with children under the age of 13.

The attorney-general wanted to ban Graetz from using the internet entirely but the judge did not accept this, saying the web was a “necessity to operating in the contemporary world”.

“It seems to be a fact of contemporary life,” Justice Stanley said on Thursday.

“So many things require access to the internet. All sorts of institutions discourage you from contacting them not on the internet, like banks and Centrelink.

“A complete blanket ban strikes me as too draconian an interference to the liberty of the individual.”

The attorney-general’s lawyer then sought to at least ban Graetz from looking at all pictures of children online but defence lawyer Helen Luu argued this was too broad.

“It doesn’t address the situation where Mr Graetz might be viewing an online catalogue for Woolworths and there’s a picture of a young child,” Ms Luu said.

The judge agreed, rejecting this condition, but he did restrict Graetz from using the internet to form relationships with “vulnerable” single mothers.

Ms Luu argued that Graetz should be allowed pursue relationships with women and that those around his age were likely to have young children and might be lonely.

But the court heard Graetz had been chatting online to mothers of young children since his release from prison, which the judge found “disturbing”.

Graetz was jailed for one year and 10 months for the 2014 indecent assault and was previously convicted of unlawful sexual intercourse with a two-year-old girl in 1999.

Sex offender’s extended supervision conditions might be decided after leaving SA prison

By Rebecca Opie

Posted 19 Sep 2016, 7:09pm

A Whyalla man jailed for indecently assaulting a young intellectually disabled boy has a high risk of reoffending if he is released on parole without supervision, a Supreme Court has heard.

South Australia’s Attorney-General has used the relatively new power of applying to the Supreme Court for an extended supervision order for Darren Graetz, who has a history of serious sexual offences against children.

Legislation passed by the South Australian Parliament early last year gives the Attorney-General the power to apply for an extended supervision order for a serious sexual or violent offender.

The conditions of the order can include electronic monitoring or restricted communications with specific people, and can remain in place for up to five years.

Justice Tim Stanley on Monday granted an interim supervision order.

Counsel for the Attorney-General raised concerns in court that the extended supervision order might not be determined before Graetz was released on parole.

Graetz was granted parole earlier this month but remains in Port Lincoln Prison while suitable accommodation is sought.

Boy kicked and fondled by Graetz

On Monday, the court heard Graetz was last year convicted of common assault and aggravated indecent assault against a 12-year-old intellectually disabled boy.

“He became quite angry with the child and kicked the child,” the court heard.

“During the night he put his hands down the child’s trousers and fondled him.”

The court heard Graetz was also convicted in 1999 for unlawful sexual intercourse against a person under the age of 12 and that the victim was two years old.

Counsel for the Attorney-General argued that while Graetz had undergone counselling and participated in a sexual behaviour program, he had limited insight into his diagnosed paedophilic disorder.

“The expert opinion is that for the respondent to reside in the community there must be specific conditions in place to limit the risk of the respondent committing a further sexual offence and to monitor him.”

Graetz’s lawyer Helen Luu argued that a psychological report from 2015 was not relevant and the prosecution’s choice of description as “a number of serious sexual offences” was misleading.

The court ordered a new professional report to examine the likelihood of Graetz reoffending.

The matter will return to court in November.

Man jailed for sexually abusing intellectually disabled boy who was mourning the cancer death of his stepfather

  • 20 hours ago May 18, 2015 5:16PM

A MAN who sexually abused an intellectually disabled boy who was mourning the loss of his stepfather has been jailed.

Darren Graetz, 37, of Whyalla, had pleaded guilty to one count each of indecent assault and assault against the 12-year-old boy in June last year.

In sentencing, District Court Judge Gordon Barrett said the boy had been devastated by the cancer death of his stepfather just months before Graetz abused him.

“Due to the death of her partner in February 2014 and the difficulty of looking after an intellectually retarded boy, the mother was grateful when you offered to let that boy stay at your place with your wife and children,” he said.

Judge Barrett said Graetz had lost his temper on one occasion and kicked the boy, but more seriously, had also indecently assaulted him.

“The mother’s victim impact statement makes very sad reading,” he said.

“The boy was already devastated by the death of his stepfather in February.”

Judge Barrett said, because of his intellectual disabilities, the boy did not fully comprehend what Graetz had done to him.

“He is going to have to undergo counselling to help him get through the consequences of what you have done,” he said.

“Your offending was a gross breach of trust against the mother, particularly given the death of the stepfather so soon before, and it is made worse by the intellectual disabilities of the boy.”

The court heard Graetz had previously served a suspended jail sentence for committing unlawful sexual intercourse against a two-year-old girl in 1998.

Judge Barrett sentenced Graetz to one year and ten months jail with a non-parole period of nine months, after deducting time already served on home detention.






McQuilton – Daniel Anthony - Photo

Daniel McQuilton: I’ve had enough jail

24 Apr 2014, midnight

A SUPERVISED sex offender who removed his electronic tracking device told Corrective Services staff “I’m not going back to jail” when they urged him to hand himself in.

Corrective Services was able to make contact with Daniel Anthony McQuilton after he removed the monitoring device in central Sydney last Wednesday, triggering an alarm.

He admitted to them that he had removed the device.

When staff encouraged him to return he told them: “It is not living on this order and I’m not doing it any more. I’ve had enough.”

McQuilton, who is classified a high-risk sex offender, later car-jacked a woman in Bondi Junction and fled in her stolen Mitsubishi Lancer to Wodonga, where he lost control of the car and hit a tree in London Road in the early hours of Good Friday.

Soon after he handed himself in to police at Wodonga.

McQuilton did not apply for bail when he appeared in Albury Local Court yesterday after his extradition from Victoria to NSW on Tuesday.

He entered guilty pleas to three counts of failing to comply with a supervision order, assault with intent to take a motor vehicle, not giving details to owner of damaged property and failing to stop when pursued by police.

He is yet to enter a plea to a charge of unlicensed driving.

McQuilton was jailed in 2009 for three years over the sexual assault and bashing of a Wodonga dancer in Young Street, Albury, in 2008.

In January, the Supreme Court placed him on an extended supervision order for two years and six months, requiring him to wear the tracking device.

Magistrate Tony Murray adjourned the matters for sentencing in Sydney on June 11.

He ordered a psychiatric assessment of McQuilton.

Guilty plea for sex attack accused

Posted 25 Nov 2008, 11:14am

A man has pleaded guilty to aggravated sexual assault after a dance student was attacked in Albury in July.

Daniel Anthony McQuilton, 21, of Tangambalanga, has appeared in the Albury Local Court.

A statement tendered to the court alleges McQuilton approached a woman from behind as she went to her car in the Crisp Street car park and grabbed her by the face, saying he was not going to hurt her.

It said the woman struggled and McQuilton punched her once to the head area and then sexually assaulted her.

The statement alleges the woman fell to the ground and McQuilton kneed her once in the face before she ran away. McQuilton turned himself in to police five days later.

The statement says he later expressed remorse and said it was a spur of the moment decision resulting from a frustration with women.

He has been remanded in custody and will return to court in February.


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Supervision for ‘chronic’ NSW sex offender

  • AAP
  • March 07, 2013 6:00PM

A 69-YEAR-OLD Sydney man who has a “chronic tendency” to sexually abuse girls has been placed under an extended supervision order after a Supreme Court judge found he continued to show no insight into his offending.

Robert Stanley Steadman, also known as Robert Stanley Stanton, was placed under the three-year order pursuant to the Crimes (Serious Sex Offenders) Act by the Supreme Court on Thursday.

In his written judgment, Justice Richard Button said the order would be a “significant erosion” of the 69-year-old’s liberty.

However, the court found it was necessary because Steadman had “no, or virtually no, insight into his long-standing proclivity to commit sexual crimes against young girls”.

The court heard that in 1958 – at just 14 years of age – Steadman was found guilty of indecently assaulting a six-year-old girl and committed to an institution.

In 1993, he was convicted of aggravated sexual intercourse without consent with a girl aged 11.

Then in 2009, Steadman pleaded guilty to aggravated indecent assault and two counts of indecent assault of three girls – two aged nine and one aged 10.

Since being released in December 2012, Steadman has been subject to interim orders and has been living in a halfway house for released prisoners at Malabar in Sydney’s southeast.

While Justice Button said Steadman had not breached his parole or any Child Protection Order since being released, he remained at moderate to high risk of re-offending.

“I am satisfied that the defendant has a chronic tendency to commit sexual offences against female children that has existed for well over 50 years.”

Although Steadman sought treatment to “claimed post-traumatic stress disorder (PTSD), said to have arisen from his involvement in the (Granville) train disaster,” he has refused treatment with regard to his proclivity towards girls.

“In short, there is a complete and longstanding lack of insight into the issue, and an entrenched refusal to seek to deal with it,” Justice Button said.

“The defendant has no friends or family … He has no contact with his three former wives, and his surviving sister wishes to have nothing to do with him.”

The order is set to expire on March 7, 2016.


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Paedophile who had Bill Henson art sent to him jailed over child porn

  • Elissa Hunt, Mark Dunn
  • From: Herald Sun
  • July 06, 2011 6:07AM

A PAEDOPHILE who had magazines featuring the nude child photography of artist Bill Henson sent to him at a secure village for sex offenders has been jailed for keeping child pornography.

But the controversial Henson images were not illegal – unlike the 19 pictures of naked and abused children Dean Alan Lecornu had stored on mobile phones he smuggled in under the noses of supervisors.

Lecornu was yesterday jailed for 20 months for downloading child pornography on the mobile phones and breaching a supervision order imposed to protect the community from him.

The court heard that Lecornu used “arguably innocent pictures” for “depraved purposes”.

He was living under strict security with other sex offenders at Corella Place, known as the “Village of the Damned”, when he had copies of magazines including Art Monthly sent to him.

Yesterday County Court Judge Sue Pullen refused to allow Lecornu to keep the anonymity he had been afforded in the four years he has been on a supervision order.

The decision came just days after the Herald Sun launched its Open Justice campaign, seeking that laws banning the identities of offenders “in the public interest” be scrapped and hearings involving our most dangerous rapists and paedophiles be openly reported.

Judge Pullen noted that suppression of Lecornu’s name had not stopped him from offending or breaching the supervision order.

It was no longer in the public interest to keep his identity secret, the judge said.

Lecornu, 32, has a long and disturbing history including the rape of a schoolgirl and trying to attack children in school toilets at knifepoint.

The Justice Department asked for Lecornu’s name to be published after yesterday’s sentence, saying there was little evidence of rehabilitation.

The court heard he had ordered the magazines for their “material depicting near naked children … for the purpose of satisfying (his) masturbatory desires while on the Extended Supervision Order and from within Corella Place”.

After being caught with the magazines Lecornu had been warned about his behaviour but still brought in the phones and downloaded child pornography.

One of the offences happened just a week after his supervision order had been reviewed.

Staff tried to search his unit in September last year but he blocked his door and after a brief standoff staff entered and found two mobile phones.

When police came to search again in December he struggled with officers as they tried to seize another phone. A spare phone was also found.

Lecornu claimed he was bored living at Corella Place, only socialising with other sex offenders.

His lawyer had asked for Lecornu’s punishment to be “time served” with a further jail sentence suspended. But Judge Pullen said she must consider community protection and jailed him for 20 months, with a minimum of 13 months.

Henson’s work came under fire after police seized his photographs of a 13-year-old girl from a Sydney gallery in 2008. They later found he had not committed any crime.


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Paedophile jailed for breaching order

February 14, 2007 – 5:34PM

Serial paedophile Kevin Briscoe has become the first person in Victoria to be punished by the courts for breaching an extended supervision order.

Briscoe, 64, who is already serving a minimum two-year jail term in Port Phillip Prison, will spend an extra month in jail for breaching the conditions of an extended supervision order (ESO).

On Wednesday, Victorian County Court chief judge Michael Rozenes sentenced him to three months’ jail for breaching the order, but two months will be served concurrently with his existing prison term.

Briscoe was placed on an ESO in August 2005, after being released from prison, which allowed authorities to monitor his movements for 10 years.

He breached the order just three months later, committing offences in 2005 and 2006.

On November 22, 2005, Briscoe spied on children playing at a McDonald’s restaurant in between trips to a self-serve photo booth, Judge Rozenes said on Wednesday.

When questioned by police, Briscoe showed them a scrapbook of children’s pictures from magazines and said he was just trying to get the photo booth to work.

On January 29, 2006, Briscoe stole children’s underwear from a backyard nearby his Sunshine address, in Melbourne’s west.

Last March, Briscoe pleaded guilty in the Sunshine Magistrates’ Court to five charges including theft and loitering in a public place frequented by children.

He was sentenced to three years’ jail, with a minimum of two years.

On Wednesday, he was punished for breaching the conditions of his ESO while committing those crimes, including breaking his curfew of 8pm to 7am and committing a relevant offence.

Briscoe was also unsuccessful in having his name suppressed.

Justin Quill, acting for the Herald Sun newspaper, said the fact Briscoe committed offences despite being subject to an ESO was in the public interest.

He said Briscoe’s name was already in the public domain.

“The horse has bolted, your honour; the cat is out of the bag,” Mr Quill said.

Briscoe was the second person in Victoria, after Brian “Mr Baldy” Jones, to be placed on an ESO.

Last year, Jones faced an Adult Parole Board hearing via video link after he walked his dog at a time outside his curfew.

A spokesman for Corrections Minister Bob Cameron confirmed Briscoe was the first person to be punished by the courts for breaching an order made under the Serious Sex Offenders Monitoring Act 2005.

“Until the Bracks’ government introduced extended supervision orders there was no way to closely monitor these high-risk paedophiles when their sentence finished,” he said.

State opposition corrections spokesman Andrew McIntosh said he was staggered that someone subject to an ESO could commit further offences.

Briscoe is due for release in February 2008.

He has a long list of sex offence convictions dating back decades.,5478,18340905%255E2862,00.html

Identity of pedophile exposed

Shannon McRae and Christine Caulfield

POLICE, politicians and victims’ advocates have called for one of Victoria’s worst pedophiles to be locked up for life.

After winning a legal fight yesterday to overturn a court order concealing his identity, the Herald Sun can now reveal that the convicted pedophile is serial child-sex offender Kevin Thomas Briscoe.

Briscoe, released from jail last year on a strict supervision order, is back behind bars after thumbing his nose at authorities and reoffending.

Dubbed incurable by a judge, Briscoe was this week sentenced to another three years’ jail for spying on children near his Sunshine safe house and stealing underwear.

Briscoe was the second serious sex offender in Victoria, after Brian “Mr Baldy” Jones, to be subject to an extended supervision order allowing authorities to monitor his movements for 10 years on his release from custody.

After his parole expired last June, Briscoe was freed on condition he adhere to a curfew, have no contact with children and wear an electronic tracking device.

The 62-year-old, who has spent more than 25 years in prison for sex offences dating to the early 1970s, pleaded guilty on Thursday to two counts of theft, three counts of unlawful trespass and one count of loitering with intent to commit an indictable offence.

Police and victims’ groups yesterday told the Herald Sun they wanted Briscoe locked up for life under provisions in the Sentencing Act that permit serious sex offenders to be jailed indefinitely.

Prosecutor Sen-Constable Lindsay Riley told the court Briscoe needed to be in custody for as long as possible to protect the community.

He said Briscoe told police he had been stealing clothes from back yards at least once a week in the 11 months he had been out of prison.

“He is a recidivist sexual predator. Nothing but the maximum period of imprisonment will protect the community,” Sen-Constable Riley said.

“The anklet is not working; the chemical castration is not working: he must be imprisoned.”

People Against Lenient Sentencing spokesman Steve Medcraft said the community’s right to be protected from pedophiles was paramount.

“There’s no hope of rehabilitation. He’s out of control. He should be held in custody for the sake of the community,” he said.

Shadow attorney-general Andrew McIntosh called for repeat child sex offenders to be jailed indefinitely.

“The community is sick and tired of half-baked steps to protect them from repeat offenders,” he said.