Posts Tagged ‘South Australia’


Wayne John O’Dowd


Age:  60  (2016)

Location:  Queanbeyan, NSW  /  Smithfield Plains, SA

Offence:  One count of indecent assault & one count of unlawful sexual intercourse with a person under the age  of   12 years.  Acquitted of three counts of unlawful sexual intercourse with respect to a second complainant.

Sentence:  Seven years & six moths imprisonment with a non-parole period of three years, 11 months & 27 days.

Other:  The trial judge stated that the acquittal of the three counts of unlawful sexual intercourse reflected the fact that the prosecution had fallen short of proving them according to the high standard of proof required.

In 1986, O’Dowd was convicted of two count of unlawful sexual intercourse & two counts of gross indecency with respect to the step-children of a subsequent relationship.  He was sentenced in the Supreme Court in May 1987 to imprisonment of four years & six months, with a non-parole period of two years & six months.

At the SA Anti-social and Criminal Behaviour inquiry in 2013, O”Dowd recommended reviewing money spent on prison courses so more can be used to re-educate prisons with basic skills such as welding & leather work.

Now believed to be living in Adelaide.


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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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Judge rejects busker Michael Molloy’s claim he is ‘not really a paedophile’ after indecently assaulting girl

By court reporter James Hancock

Posted about an hour ago

A man’s claim he was not really a paedophile when he indecently assaulted a five-year-old girl at a school playground has been rejected by a South Australian judge.

Michael John Molloy, 26, has been sentenced to four years’ jail, but with time already served could be out on parole from the middle of next year.

He stared at the floor throughout the hearing and gave no reaction to the prison term.

The District Court heard Molloy, a busker at the time, stopped at Mount Gambier on his way from Warrnambool in Victoria to Adelaide, in November 2013.

He met three children at a school playground and assaulted one of them, a five-year-old girl.

He was sentenced for indecent assault and producing and possessing child pornography.

The court was told he had drawn child pornography on paper and on his guitar and searched for child pornography using his mobile phone.

Molloy told the court he was not really a paedophile and blamed taking amphetamines for his actions.

But Judge Wayne Chivell rejected the claim, saying drugs may have reduced Molloy’s inhibitions, but the idea was there in the first place.

“I reject the idea that you do not have paedophilic tendances,” Judge Chivell said.

“You clearly developed a paedophilic obsession in the night and morning before those offences occurred.

“You behaved as a sexual predator that day … said you would rape a pre-teen girl today.”

The judge said the crime had serious impact on the girl.

“The mother says the victim has changed from an outgoing, bubbly and confident six-year-old to a fearful, anxious and clingy child.”

Judge Chivell said hopefully the victim would recover from the incident, but pointed out that unfortunately many victims of such abuse do not.



Busker a ‘sick, selfish monster’ for indecently assaulting five-year-old girl in South Australia

By Loukas Founten

Updated about 2 hours ago

A travelling busker who indecently assaulted a five-year-old girl on a school playground while affected by drugs has been described as a “sick, selfish monster” by the child’s mother.

Michael John Molloy, 26, was travelling to Adelaide from Warrnambool in November 2013 when he met three children on the playground in South Australia’s south-east and assaulted one of them.

The District Court heard he had drawn child pornography on paper and on his guitar and searched for child pornography using his mobile phone before the assault.

In a victim impact statement read to the court by the prosecutor, the victim’s mother said her daughter was now “non-social, sad and untrusting”.

She said because of one “sick, selfish monster” her daughter was frightened by adult men and was constantly by her side.

“Because of one adult’s vile, disgusting and selfish behaviour, our little girl has changed. Our family has changed,” the mother said.

“As a mother it breaks my heart. How dare he do this to our beautiful, precious little baby?”

Molloy is awaiting sentencing for indecent assault and producing and possessing child pornography.

He had faced a charge of unlawful sexual intercourse but Judge Wayne Chivell found that his touching had not involved penetration and found him guilty of indecent assault instead.

The event took place on a Saturday when the children’s parents were watching a sporting event at the school.

Case draws on children’s evidence

The case relied mainly on the evidence of the victim, her eight-year-old brother and six-year-old cousin.

During the trial, the children were permitted to give unsworn evidence after the judge ruled that they understood the difference between telling the truth and a lie.

The court heard Molloy had talked with the children and played them songs on his guitar.

The girl also told the court Molloy said she was pretty and would have asked to marry her if he were younger.

The court heard the girl’s mother was concerned when she found him still at the playground with the children later and contacted police.

He was found with crude hand-drawn child pornography on bank documents and maps with captions which included “sex with preteen girl 6 y.o.”, “rape” and “child rape”.

Molloy’s guitar also featured similar images and he had searched for child pornography using his mobile phone before the incident.

Among the search terms found on his phone, he had entered “i will rape a preteen girl today” earlier that morning.

Molloy blames methylamphetamine use

Defence lawyer Nick Healy told the court the offending was “bizarre”.

He said his client was in a “drug-induced state” having consumed methylamphetamine the night before and his “state of mind was altered by the drug”.

“Mr Molloy doesn’t try and blame anyone but himself. He blames the drug abuse,” Mr Healy said.

“He doesn’t admit paedophilic tendencies. In fact, he’s revolted by it because he has a child of his own.

“Mr Molloy is contrite. He doesn’t seek to shy away now. He doesn’t seek to maintain now that he is innocent.”

Mr Healy said Molloy had shown a “refreshing insight” into his behaviour and had planned to abstain from drug use.

He said Molloy told a psychiatrist, “it’s destroyed my life, not to mention that of the victim and her family”.

“He’s a young man with a troubled past, a young man who is capable of rehabilitation,” Mr Healy said.

He said Molloy would be monitored upon his release as a sex offender and would have great difficulty getting access to his son.

He was having a difficult time in prison due to the nature of his offending and because some prison guards knew the victim and her family.

Prosecutor Vanessa Burrows said it was a serious crime that warranted immediate imprisonment.

“The insight is limited in the way the defendant blames drugs,” she said.

“The drugs might explain the offending but it doesn’t mitigate it.

“The offending was brazen, given the presence of other children nearby and the presence of the children’s’ parents nearby.”

Molloy has been in custody since the day of the offending, and will be sentenced next month.

Molester’s hearing delayed


November 20, 2014, 12:42 pm

Lawyers can’t obtain a psychiatric report on a busker who molested a girl in a school playground because he is being housed in police cells, a judge has been told.

“He has been in this facility for nearly three weeks, being fed God-knows what and with no ability for exercise or sunlight,” lawyer Nick Healy said in the South Australian District Court.

Michael John Molloy, 26, was due to face a sentence hearing on Thursday, but Mr Healy said the matter could not proceed as the defence required him to be psychiatrically assessed.

In August, Judge Wayne Chivell found Molloy guilty of aggravated indecent assault in November 2013 at a Mount Gambier primary school playground.

At the judge-alone trial, Molloy admitted that on the previous night he had searched the internet for child pornography, using terms, including ‘I will rape a pre-teen girl today’ and ‘little nude girls’.

He said he drew pornography and wrote pornographic captions on his guitar and other items on the same night while under the influence of methamphetamine.

Mr Healy said his client, who has been in custody since his arrest in November 2013, was currently being housed in Adelaide’s Holden Hill watchhouse.

He said people should only be held there for up to two days and there were no rooms where an assessment could take place.

The lawyers had previously tried to arrange psychiatric appointments at other facilities where Molloy was being housed, but he was twice moved before this could take place.

Describing the situation as “very unsatisfactory”, Judge Molloy adjourned the case to December 4 to enable the defence to pursue the matter.

Busker indecently assaulted 5yo girl at SA school playground, court finds

By court reporter Loukas Founten

Mon 25 Aug 2014, 6:04pm

A travelling busker has been found guilty of indecently assaulting a five-year-old girl at a school playground in South Australia after playing guitar to a group of kids.

Michael John Molloy, 26, had been on his way to Adelaide from Warrnambool in Victoria last November when he performed songs for three children at a playground in the south-east of SA.

The District Court was told the children’s parents had been nearby watching sport at the school.

Molloy was charged with unlawful sexual intercourse, but Judge Wayne Chivell ruled the touching had not involved penetration so found the man guilty of indecent assault instead.

The case had relied on the young victim’s evidence and that of her eight-year-old brother and a six-year-old cousin.

The children were allowed to give unsworn evidence after the judge ruled they understood the difference between truth and lies.

The prosecution said Molloy had spoken with the children, then played his guitar for them.

The trial heard he told the five-year-old he liked seeing her do cartwheels and hang upside down on the play equipment because he could see her belly.

Molloy asked the children where the toilet was, and it was alleged he then took the girl toward the building while having an inappropriate conversation with her.

Mum rang police after seeing man in playground

The court heard the girl’s mother became concerned about seeing a man at the playground with the children and contacted police.

Officers found Molloy with hand-drawn child pornography on paper, similar images on the guitar itself, and a search using the words child pornography had been made on his mobile phone.

Molloy denied he went to the school intending to find children, saying it was a Saturday and he had not expected anyone would be there.

He admitted using drugs the previous night and said thoughts of child pornography had arisen then, so he drew images as a form of therapy.

“Under the influence of drugs, I’ve heard everyone gets the thoughts,” he told the trial.

“It’s what you do with them, and that’s what I chose to do with them.”

Judge impressed with girl’s evidence

Judge Chivell said he had weighed up the children’s evidence carefully in reaching his verdict.

“I formed a very favourable impression of (the girl’s) credibility and reliability when she gave evidence,” he said.

“She is a very bright and articulate child. She gave a clear description of the relevant events.”

Judge Chivell said he was less impressed with Molloy’s evidence, which he described as “unsatisfactory and implausible in many important respects”.

“Mr Molloy was completely unable to explain why he asked the children where the toilets were when he well knew where they were; his phone was charging outside them,” he said.

“As it turned out, he did not need to go to the toilet anyway. I found Mr Molloy to be a most unsatisfactory witness, one whose evidence could not be relied upon.”

Judge Chivell said Molloy’s trial evidence had provided “strong support for (the girl’s) evidence that Mr Molloy sexually assaulted her that day”.

Molloy is in custody and will be sentenced later.


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Attacks on two brothers

16/10/2009 12:21:00 AM

A FORMER Ballarat man has been registered as a sex offender for life and jailed for molesting two young brothers almost a decade ago.

In the County Court at Ballarat yesterday, Glen Francis Roberts, 51, was convicted and sentenced to three years’ jail.

Last week he pleaded guilty to two counts of committing an indecent act with a child under 16. The charges related to the sexual assault of two brothers, who cannot be named, on two occasions near Ballarat in 2000.

The sentence is Roberts’ second jail term in four years for child sex offences. In 2005, he was sentenced to 12 years’ imprisonment for the sexual assault of children in South Australia.

These offences took place between 2001 and 2004.

The court had been told Roberts inappropriately touched one of the boys while his brother slept in the same room. Roberts told the boy, who tried to push him away, that he would kill him if he told anyone about the incident.

In a separate incident, Roberts inappropriately touched the other boy and told him he would punch his head in if he told anyone about it.

Judge Jeanette Morrish, in sentencing Roberts, described him as a serious sex offender. She said it was vital to protect the community from this type of behaviour.

“Both (victims) were under the age of 10. You were in a position of trust and grossly abused it,” Judge Morrish said.

She said Roberts must be registered as a sex offender for the rest of his life because he had previously committed eight sexual offences against a child.

Judge Morrish directed that one year of the jail term be served concurrently with Roberts’ present sentence.

He will be eligible for parole in May, 2013.

Gavin Shaun Schuster

Posted: March 27, 2013 by Serendipity in South Australia
Tags: , ,


UPDATE:  August2016

Repeat sexual offender Gavin Schuster remains in custody after SA appeal court ruling

Posted yesterday at 12:10pm

Paedophile Gavin Shaun Schuster will remain in prison in South Australia for now after an appeal against his release was upheld.

The Court of Criminal Appeal ruled the case be referred back to the Supreme Court for another hearing.

In April, Justice John Sulan ordered Schuster be released on strict conditions to be set by the parole board.

The Director of Public Prosecutions (DPP) appealed against that Supreme Court ruling.

The criminal appeal court now said it was important the re-hearing investigated “whether Mr Schuster has reasonable prospects of rehabilitation if released [and] the likelihood and consequences of his absconding”.

Schuster was jailed indefinitely in 2000 after being declared unwilling or unable to control his sexual urges after he assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in early 1999.

The crime was committed just two months after his release from jail for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but returned to custody a short time later after threatening to reoffend.

He was released on licence again in 2013 but then returned to custody because there was no suitable accommodation available.


UPDATE:  April 2016

High-risk paedophile in Adelaide to be released from jail under strict conditions

Updated about 3 hours ago

A convicted paedophile considered at high risk of re-offending is to be released from jail subject to strict conditions.

Key points:

  • Gavin Shaun Schuster jailed indefinitely in 2000
  • Risk to the community considered “manageable”
  • Proposed conditions for release include GPS monitoring and confinement within suburban facility

Justice John Sulan considered the rehabilitation regime of Gavin Shaun Schuster, 40, to have run its course in custody, and that further rehabilitation could only take effect outside.

“If I were to decline to release Mr Schuster on licence, it is almost certain that he would be condemned to spending most, if not all, of the remainder of his life in custody,” he said.

Schuster was jailed indefinitely in 2000 after the Supreme Court ruled he was unwilling or unable to control his sexual urges.

He had sexually assaulted a six-year-old girl inside a toilet block at a primary school in Adelaide in February 1999.

He committed the crime just two months after he was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was released on licence in 2009 but was returned to custody two months later after threatening to re-offend.

He was released again on licence in 2013 but was returned to custody because there was no suitable accommodation available.

Justice Sulan today rejected an application by the Director of Public Prosecutions (DPP) to reconsider the 2013 licence and ordered Schuster be released on new licence conditions to be set by the Parole Board.

The DPP in 2015 had asked that Schuster’s release on licence should be revoked in consideration of community safety.

It submitted evidence from a former prisoner who had shared a cell with Schuster at Mt Gambier and Yatala Labour Prison between 2011 and 2013.

Schuster to ‘target Daveron Park’

The prisoner claimed Schuster told him, “when he got out, he was really going to enjoy himself and that he was going to do the same as had done with a girl at school”.

The prisoner gave evidence saying he was genuinely worried that Schuster would commit further sexual offences against children if he was released from custody, especially in Adelaide’s northern suburbs, such as at Daveron Park.

“Davoren Park was because it’s a low socio-economic area, kids wandering around all over the place and they are easily lured so it would be easy for him to pick up another person,” the prisoner said.

“He said it wouldn’t take much to get kids away from their parents.”

The prisoner said Schuster told him he would like to target places like go-kart and laser shooting facilities, as well as shopping centres.

Justice Sulan heard evidence from Schuster and the prisoner during October and concluded the conversations did indeed take place.

He heard further evidence from those who had worked with Schuster in custody, including consultant forensic psychiatrists and Department of Correctional Services (DCC) Rehabilitations Programs psychologist Mr Elmer.

Psychiatrist Dr Narian Nambiar said Schuster had expressed a willingness to change since 2011-2013 and had completed a 14-month psychotherapeutic treatment program.

He considered Schuster’s rehabilitation within prison to have gone has far as it could and further work could only take place outside jail.

Mr Elmer seconded that opinion and gave evidence of possible regression if Schuster remained in custody.

Dr Nambiar warned that “Mr Schuster’s risks has always been and will always be high” but considered that risk to be manageable.

Mr Elmer said he would train those charged with Schuster’s supervision to ensure they dealt appropriately with his “emotional triggers”.

Released under strict conditions

Justice Sulan said a release on licence must be distinguished from discharge and that while the safety of the community was paramount, it did not require that all risks be eliminated but rather the community could be protected.

“I concluded that if Mr Schuster is released, there continues to be a risk that he may re-offend,” he said.

“The issue for me is whether Mr Schuster can be adequately managed outside prison so that the risk of him re-offending is reduced and manageable.

“I consider that, with the treatment and supervision proposed for him, he is in a better position to understand and cope with his release on licence.”

Proposed conditions for Schuster include GPS monitoring, confinement within a suburban facility, and close monitoring by specially trained corrections officers.

Justice Sulan suspended the order for one month so that the DCS, SA Police and relevant agencies could have an influence on Schuster’s licence conditions.

The prosecution indicated it was likely to appeal against the ruling.


UPDATE: October 2014

Paedophile Gavin Schuster remains in custody despite release order as no suitable home found

By court reporter Loukas Founten


A convicted paedophile jailed indefinitely after an Adelaide court ruled he was unable to control his sexual urges will remain in custody despite a release order, as a suitable home cannot be found for him.

Gavin Shaun Schuster, 37, was jailed indefinitely in 2000 after sexually assaulting a six-year-old girl inside a toilet block at a northern suburbs primary school in February 1999.

The crime was committed just two months after Schuster was released from prison for the sexual assault of an eight-year-old girl in 1994.

Schuster was jailed indefinitely after a psychiatric report described him as a dangerous sexual offender who posed a risk to others.

At the time, Justice Margaret Nyland said Schuster had a long history of similar offending and, despite treatment, few inroads had been made into reducing his predatory behaviour.

Schuster was granted release on a licence in March last year, but has remained in custody because a suitable home cannot be found.

The Director of Public Prosecutions wants his release overturned.

The Supreme Court was today told Anglicare had been tasked to help find a suitable property, but feared it could take months.

The matter was adjourned until April, but could be brought on sooner if a home is found.

Schuster was released on a similar order in 2009 but returned to jail for breaching his parole conditions.


UPDATE: March 2013

Schuster will be released back into the community on July 1.


UPDATE: Feb 2013

Gavin Shaun Schuster has launched  court action to be freed on licence for a second time. When he was first released on licence in 2009 he was returned to prison within months after breaching its strict conditions.

Convicted paedophile set for release

Updated Tue Dec 23, 2008 1:54pm AEDT

A convicted paedophile who was previously ruled incapable of controlling his sexual urges will be released on licence next year in South Australia.

Gavin Shaun Schuster, 33, was jailed for seven years in March 2000 for indecent assault and unlawful sexual intercourse involving a six-year-old girl.

He was later ruled incapable of controlling his sexual instincts and jailed indefinitely.

In the SA Supreme Court, Justice Richard White found that Schuster was determined to rehabilitate himself and could get access to appropriate treatment programs if released.

He is to be released on licence next June.


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Raymond Edward Mountford

Posted: January 23, 2013 by Serendipity in Photo, South Australia, Victoria
Tags: , ,

Mountford – Raymond Edward Malcolm - Photoa

Man jailed for seven years over sex abuse

Posted Fri Oct 24, 2008 11:16am AEDT
Updated Fri Oct 24, 2008 5:36pm AEDT

A Victorian man has been sentenced to seven years in jail in South Australia for sexual abuse dating back 35 years.

Raymond Edward Martin Mountford, of Dandenong, was convicted of 13 counts of indecent assault and two counts of unlawful sexual intercourse.

The charges related to incidents between 1973 and 2003 and involved seven victims aged under 12.

SA District Court Judge Wayne Chivell sentenced the man to seven years jail with a non-parole term of four years.


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Sex offender to be extradited to SA

Posted Thu Jan 27, 2005 5:33pm AEDT

A Darwin man will be extradited to South Australia tomorrow after failing to attend a sex offender’s program in that state.

Forty-two-year old David Rupert Mills was convicted in 2001 of indecently assaulting a nine-year-old girl.

He was sentenced to a 10-month suspended jail term on the condition that he attend a sex offender’s program.

Mills was also ordered to undertake 140 hours of community service but failed to complete any time.

South Australian police issued a warrant for the man’s arrest and he was apprehended in Darwin this week.

The Darwin Magistrates Court heard police had received complaints from people who had seen the man singing at a Darwin market and doing bubble tricks for children at the weekend.

The Magistrate Jenny Blokland refused bail and ordered that Mills be extradited to Adelaide tomorrow, to appear in court on Monday.