Posts Tagged ‘Townsville District Court’



Age:  24

Location:   Townsville  QLD

Offence:  Pleaded guilty in Townsville District Court to five child exploitation material charges and two of using electronic communications in attempt to procure a child.

Sentence:  TBA

Other:  Afflick used video chat site Omegle & messenger app Kik to speak to others.  He once pretended to be a 12-year-old girl.





Lewis-Grant can apply for parole after having his mandatory prison term shortened. Queensland’s Court of Appeal found the judge miscalculated pre-sentence custody & sent a new date of December 4.

Man jailed for abuse images found on discarded phone

  • Townsville Bulletin
  • May 22, 2015 11:24AM

THE sexual abuse of a young girl was only discovered after a man threw away his mobile phone, which was found by a worker at a recycling depot.

Daryl James Lewis-Grant, 27, was charged with 16 offences including rape, indecent treatment of a child and possessing, distributing and making child exploitation material.

He was sentenced to seven years jail in Townsville District Court but will be eligible for parole in December.

He has already spent about two years in custody.

The court was told a worker at a recycling centre found disturbing images of a child on the man’s discarded phone and handed it to police.

Police then tracked down its owner, Lewis-Grant, and identified the child, then aged four, soon after.

Crown prosecutor Amanda Payne said Lewis-Grant was charged with rape after he photographed an act of oral sex on the girl.

The court was told he also took photographs of the little girl touching his groin and ­others of her private parts.

Other child exploitation images and photographs, not depicting the girl, were also found on the phone.

Ms Payne said Lewis-Grant took the photographs of the little girl to “keep a trophy”.

She said he sent text messages to his girlfriend describing her as a “woman kid f—–”.

“The defendant took a photo of the girl’s vagina and sent it to his girlfriend,” Ms Payne said.

The court was told the girlfriend responded quickly with a smiling face emoticon.

In a victim impact statement from the child’s parents, they said their daughter suffered nightmares and would not go anywhere alone.

They said they feared im­ages of their daughter had been “shared around the world”.

“I feel like I have failed as a father,” the statement read. “She is a changed little girl. We’ve changed.”

Barrister Greg Lynham, for Lewis-Grant, said his client had two children with his former partner and their break-up had distressed him.

He said Lewis-Grant had engaged in escalating drug use at the time of the of the offences.

In handing down his sentence, Judge John Baulch SC said the gravity of Lewis-Grant’s offending was aggravated by his victim’s young age and the fact he photographed and distributed the “disgusting things you did”.

“Nothing before me explains your behaviour or gives any assurance that you won’t reoffend again,” Judge Baulch said.

“Because of that … you should be supervised (following release from prison).”

Lewis-Grant will be eligible for release on December 21.


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Former Bowen councillor jailed for child sex offences committed more than 35 years ago

  • Townsville Bulletin
  • September 26, 2014 7:36AM

A FORMER Bowen councillor has been jailed for child sex offences committed more than 35 years ago.

A jury found Geoffrey Joseph Watts, 73, guilty of four counts of indecent dealing with a child under 14 and he was sentenced to 18 months’ jail for each offence yesterday.

Judge Kerry O’Brien ordered the sentences be served concurrently but refused to set a parole date.

“These were not isolated incidents … there were four over a period of about three months,” Judge O’Brien said.

“Your offending has had a significant effect (on the ­victim).”

Watts, who served for three decades on the Bowen and Proserpine councils, was charged after his victim came forward in 2012. The Townsville District Court was told the offences dated back to 1977 and 1978 when the victim was 10 years old and Watts was 36.

During sentencing submissions, Crown prosecutor Nathan Crane tendered a victim impact statement, and suggested a head sentence of between two and three years.

Barrister Harvey Walters, for Watts, said his client had contributed significantly to the community, and had no other convictions.

Mr Walters said the offences occurred during a period of “extreme turmoil” for Watts, who was struggling after a relationship breakdown.

Mr Walters argued heavy alcohol consumption by his client may have been a factor.

“There was no suggestion of any threats (to the child) … to remain silent,” Mr Walters said.

Mr Walters said his client was not a threat to the community, and the likelihood of Watts reoffending was low.

Judge O’Brien said he accepted that personal deterrence was not an issue, given the passage of time with no further offending by Watts, but a general deterrence was ­appropriate.

Mr Walters argued jail would have a profound effect on his client’s health.

“It is a spectacular fall from grace,” Mr Walters said.

Judge O’Brien said he accepted Watts had contributed to society, and that a jail term would impact his health.

But he said Watts had shown no remorse for his ­conduct.

He sentenced Watts based on the sentencing options available at the time of his offending, and refused to set ­parole.

“The usual parole conditions should take their course,” he said.


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Brett Smallwood

Posted: August 20, 2014 by Serendipity in Queensland
Tags: , , , , , ,

Facebook sex fiend jailed for four years

  • Townsville Bulletin
  • August 08, 2014 12:00AM

A WOMAN posed as a teenager to trap a sex fiend who had been stalking young girls across Townsville on Facebook.

Brett Smallwood contacted five girls, all aged 14 and 15, asking for sex and in some cases offering money.

Townsville District Court was told yesterday that Smallwood’s obsession with contacting teen girls was so bad that not even bail conditions banning him from internet use could stop him.

He bombarded one 15-year-old with more than 261 Facebook and phone messages in less than three weeks.

An adult friend of another girl, aged 14, texted Smallwood posing as a teenager and agreed to meet him at IGA Mount Louisa to confront him.

Smallwood, 42, ran off after the woman started giving him a piece of her mind.

He pleaded guilty yesterday to 16 charges, including six charges of using electronic communications to procure a child for sex. Six other charges were for bail breaches.

Judge Clive Wall QC jailed Smallwood for a total of four years, with parole eligibility on August 6, 2015.

“Your contact with these girls has occurred with frightening regularity and frequency, over a relatively short period of time,” he said.

“People who use the internet, Facebook and mobile phones and the like to make contact with young people with the view to sexually exploit them, as you did, must be on notice that such behaviour is likely to result in … generous terms of imprisonment.”

Prosecutor Kelly Stone told the court Smallwood asked the 14-year-old if he could have sex with her. When she said she was 14, he offered her $500.

Mr Stone said the parents of one 15-year-old pleaded with Smallwood via SMS to stop contacting their daughter.

He agreed, but still sent another text to the girl telling her if she wanted to talk she could.

In most cases, Smallwood accessed the girls’ phone numbers from Facebook pages.

Barrister Michael Hibble said that, until this spate of ­offending between September 2013 and April 2014, he had had no criminal record.

“I tried to find out what triggered this explosion as he has never offended before in his entire life,” he said. “That is until suddenly last year, when he starts to trawl the internet.”

Mr Hibble said his client, who has cerebral palsy, did not have many friends.


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Mara – Derek Richard - Sketcha

Queensland police operation wins international award for dismantling a child sex offender network

  • Brooke Baskin
  • From: The Courier-Mail
  • February 10, 2011 11:47AM

OPERATION Achilles, a Taskforce Argos operation that lead to the dismantling of an international child sex offender network, has won a major international award.

The team was named the winner of the annual International Law Enforcement Cybercrime Award 2011 by the Society for the Policing of Cyberspace in Canada.

The two-year operation resulted in the removal of more than 60 children from sexually abusive situations, the arrest of 22 network members across the globe, and the closure of four commercial child exploitation websites.

Significant arrests included 30-year-old Townsville postal worker Derek Richard Mara, who was sentenced to six years jail in March 2009.

Police investigations revealed the 30-year-old was a major player in a highly secretive web-based network.

Another Australian, a man from Victoria, was sentenced to 15 months imprisonment in 2008.

Fourteen United States-based offenders were sentenced to a minimum of 16 years imprisonment, with the majority receiving life sentences.

Two United Kingdom offenders were sentenced to between two and 25 years imprisonment.

Deputy commissioner specialist operations Ross Barnett said the Achilles team had made a number of significant achievements.

“Taskforce Argos is a team recognised around the world for its work in targeting and apprehending the predators who prey on children and use the internet as an instrument to distribute and trade their appalling child abuse material,” he said.

Operation Ice Beau, which closed last month, led to the arrest of 27 people on 163 charges including using the internet to procure children, sexual offences against children and possession and distribution of child exploitation material.

It identified a 13-year-old Leicestershire child and a 10-year-old Russian child from seized child exploitation photos and videos. Both children were identified and rescued from further abuse.

A further six Russian children were subsequently identified and removed from sexual exploitation.

Australia Post manager helped run child porn ring

Amelia Bentley

July 24, 2009 – 2:15PM

An Australia Post worker found to have almost 80,000 child porn files in his home computer was a “core member” of a sophisticated online child pornography ring, a court has heard.

Derek Richard Mara, 30, a former postman and Australia Post human resources manager, was jailed for six years for his role in administrating a network of people with an interest in child pornography by the use of internet newsgroups.

He was sentenced in March this year in Townsville District Court where he pleaded guilty to three charges of using the internet to access and transmit child pornography between 2006 and 2009 and one charge of recording an indecent visual image of a child under the age of 16 between December 2007 and February 2008.

His sentencing judge described Mara’s collection of child porn as “a cache of depravity” and said he was shocked and disturbed by the material, some of which involved babies being sexually abused.

Of his six-year sentence, Mara was ordered to serve 32 months before he was to be released.

But Mara, a married father of three children, lodged an application for leave to appeal his sentence in the Queensland Court of Appeal.

In a judgement published today, the court dismissed his application, ruling the sentence was not excessive.

The court was told the group traded in a large quantity of child porn as well as purchasing and commissioning the production of child porn. The material was posted to newsgroups as files which were unable to be viewed by anyone who did have a “key” which involved sophisticated encryption and three levels of security.

In a bid to avoid detection, the group frequently changed nicknames used by members and constantly moved the newsgroup location but in January 2006 police infiltrated the group, which had 43 members.

Over nearly two years, officers collected more than 444,000 images and 1,100 video files of child porn which had been loaded up or advertised for use by the group.

In February last year, Mara was arrested and on an external hard drive of his computer police found 75,706 images of child porn and 763 video files of child porn.

Officers also recovered 1,206 images of child porn which had been deleted and 13 images as well as 40 movie files of child porn on his computer’s internal drive.

Inspecting his computer, it was revealed he had uploaded at least 116 video files of child porn for the group’s use between January 2006 and May 2007.

Paedophile gets six years jail for depravity


March 6th, 2009

THE Townsville-based key member of an international computer paedophile group, former postal worker Derek Richard Mara, has been jailed for six years. 

The Commonwealth prosecutor had asked for four-and-a-half years, but in a rare move, Judge Stuart Durward SC decided that that wasn’t enough for a man he described as having `a cruel, unnatural and disgusting perversion’.

Mara, 30, pleaded guilty to three counts of sending and receiving paedophile images after he was scooped up in a coordinated international crackdown on the group trading in hard-core child images and movies through a high-security computer system.

Mara was one of the four core members of the operation, known simply as The Group, who in 2004 helped set up sophisticated security systems using uncrackable encrypted codes to avoid detection.

After gathering information bit by bit over two years, a cyber detective with Queensland’s anti-paedophile Taskforce Argos managed to infiltrate the group in January 2006.

It took from January to August that year for the undercover agent to get a one-on-one password partner, giving him greater access to group messages.

One message, from a group member nicknamed Fannie Farmer, started out: “OK folks, this is the one you’ve been waiting for, the Daphne extra special video”.

After giving other financial information about the file, the message ended: “I probably don’t need to add that this video must remain your deepest, darkest secret. Do not EVER share it”.

Taskforce Argos passed this information and file on to Interpol, and as a result the child Daphne was traced and rescued, and arrests made in Belgium and Italy.

In February last year, Queensland police and FBI experts in the United States had fully identified Mara, and detectives raided Mara’s home and seized his computer and files.

The charges to which he pleaded arose from examination of the seized materials and interviews with him.

Judge Durward signalled his intentions early when he opened proceedings yesterday by asking both prosecution and defence counsel to make submissions that four-and-a-half years `may not be sufficient to reflect the gravity of the offending’.

While submissions were made from both sides that four-and-a-half years should be the top of the range, and the actual amount of time to be served should be the factor to be varied, the judge was unmoved and unconvinced.

`What you did was abhorrent,”  he told Mara.

“Ordinary members of the community would recoil in horror at the level of depravity if they knew what you had done.”

In a rare personal statement from the bench Judge Durward, commenting on the few images that had been handed up to him by counsel, said: “I was shocked and disturbed at what I saw”.

He noted the psychiatric report which described Mara as a Jekyll and Hyde character who had from time to time tried to leave the group, but had always returned, the judge observing `with some enthusiasm’.

In the end, balancing the different requirements of Queensland and Commonwealth law, the judge imposed a six-year sentence, directing that Mara be released on a three-year good behaviour bond and 18 months probation after serving 32 months.


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Paedophile could walk

A CONVICTED paedophile who was arrested for possessing child porn has had the charge dropped and could walk soon, after a judge found police seized his laptop illegally.

Raymond Keith Lloyd, 61, was being investigated for breaching his reporting conditions when police discovered he also had more than 200 exploitation images.

Lloyd’s partner, who didn’t know about his history, gave his laptop to police voluntarily when they discovered the images.

Barrister Tony Collins argued Lloyd’s laptop, containing the images, was inadmissable evidence, because police didn’t get a post-search approval order to search his client’s home.

Lloyd has a long history of sex offences, including being caught viewing child exploitation material in 2009 during a police raid.

This week, Judge Stuart Durward SC ruled the evidence of the laptop was inadmissable, forcing the Crown to drop the charge of possessing child exploitation material against Lloyd. Judge Durward SC has not handed down his reasons for the ruling.

Lloyd’s history of child sex offences started in 1994, when he was jailed for five years for seven counts of indecent dealing with a child under 12 years, as well as wilful exposure and attempted carnal knowledge.

He offended again and was convicted in December 2001 for indecent treatment of a child, and was jailed for two years and three months.

In May 2010 he was back before the court for 11 counts of possessing child exploitation material, and was given three years with immediate parole.

In the newest alleged offending, Lloyd was being investigated for living with a 14-year-old child despite his restrictions, when he was discovered with child porn again.

Lloyd’s charge of breaching reporting conditions was adjourned to June 12.

Bravehearts founder Hettie Johnson urged Attorney General Jarrod Bleijie to appeal against the decision.

“The real issue here is about protecting children,” she said.

“It’s about making sure that people who pose a danger to children are dealt with appropriately. The judges need to focus on that.”

Raymond Keith Lloyd, 58, walks free from court after failing to report to authorities his whereabouts

  • Alison Sandy
  • From: The Courier-Mail
  • June 08, 2011 12:00AM

ANOTHER convicted pedophile has walked free from court after failing to tell authorities where he was, as the State Government prepares to roll out new technology to track the movements of “high-risk” offenders.

Premier Anna Bligh this week announced dangerous sex offenders would be fitted with GPS devices after more than 6000 people signed The Courier-Mail’s petition supporting the initiative.

The proposal was also backed by sporting, business and entertainment celebrities, and the state’s major news personalities.

Raymond Keith Lloyd, 58, was recently found in breach of parole conditions by failing to report as per child protection guidelines, but it was revealed in the Townsville District Court this week that he hadn’t been told.

The court was told Lloyd was on a suspended sentence after earlier this year successfully appealing against a three-year jail term for 11 counts of possession of child exploitation material, involving videos of sex acts on children as young as two, the Townsville Bulletin reported.

Previously, Lloyd had been jailed for child sex offences including attempted carnal knowledge, indecent dealing with children under 12 and exposing a child to indecent acts.

There are 114 sex offenders listed under the Dangerous Prisoners (Sexual Offenders) Act 2003 (DPSOA), of which 70 living in the community would be fitted with GPS devices, according to the State Government.

A Justice Department spokesman said under DPSOA, the Attorney-General could apply to the Supreme Court for an order to keep a prisoner in jail, or have them released under strict supervision.

“A serious sexual offence is an offence of a sexual nature involving violence or committed against a child. Therefore, all prisoners for child sex offending fall within the ambit of DPSOA,” he said.

“Upon application, the court must be satisfied that the prisoner is a serious danger to the community.

“A prisoner is a serious danger to the community if there is an unacceptable risk that the prisoner will commit a serious sexual offence if released from detention or if released without a supervision order being made.”

Another 3780 Queensland sex offenders are on the Australian National Child Offender Register.

Queensland Party police and corrections spokesman Darren Hunt said the justice system needed to be tougher.

“The decision in Townsville to release without penalty a serial child sex offender who failed to comply with his order is a disgrace,” he said.

“What is the point of having these orders if the judiciary is too weak to enforce them? It’s a green light for sex offenders released from custody to do as they please.”

Sexual criminal allowed to walk

NATHAN PAULL  |  June 7th, 2011

A CONVICTED paedophile who failed to tell police where he was as part of his reporting conditions was allowed to walk free from Townsville District Court this week.

Judge John Baulch convicted Raymond Keith Lloyd, 58, of breaching his suspended sentence by failing to report as per child protection guidelines, but did not punish him further because “it would be unjust”.

A State Government oversight also meant Lloyd was discharged for breaching parole conditions after it was discovered he was never officially told of the conditions to begin with.

Lloyd’s court appearance came amid a push for convicted paedophiles to be fitted with GPS tracking devices so authorities always knew their whereabouts.

Townsville District Court heard Lloyd was originally sentenced to three years imprisonment on May 18, 2010 on 11 counts of possession of child exploitation material, after a police raid on his home in 2009 found 609 videos depicting sexual acts on children as young as two.

However, after contesting the sentence, the Court of Appeal released Lloyd in February this year on two years’ probation.

He had previously been given jail terms in 1994 and 2001 for crimes against children, including attempted carnal knowledge, indecent dealing with children under 12 and exposing a child to indecent acts.

Crown prosecutor Kelly Stone said Lloyd failed to report to a corrective services office immediately after being released earlier this year, as he was required to do. However, after defence barrister Wayne Pennell told Judge Baulch his client was verbally told he had to report but had never received any official paperwork telling him to report as was required, the judge dismissed him of the charge.

Mr Stone said Lloyd had also breached his suspended sentence by failing to report to a police station as a convicted paedophile as required by child protection obligations and should be returned to prison to serve at least some of the time left on his suspended sentence.

However, Mr Pennell said it would be “unjust” to send his client back to prison as he was currently caring for a wheelchair-bound woman and his breach was technical and not an actual crime against children. Judge Baulch said Lloyd’s failure to report came to light when he changed his address when he registered his car, suggesting he was not trying to hide.

Paedophile wins appeal case

LIAM BUTTERWORTH  |  February 16th, 2011

A CONVICTED Townsville paedophile has been released on two years’ probation following a Queensland Court of Appeal review of his case.

Keith Raymond Lloyd was caught viewing child exploitation material on his computer when police raided his Pimlico home in July, 2009.

He pleaded guilty to 11 charges of possessing the illegal material and, on May 18 last year, was sentenced to three years’ jail for each offence.

The jail terms were to be served concurrently, and Lloyd was eligible for parole on July 16 of the same year, as he had already served 10 months in pre-sentence custody.

The material found at Lloyd’s home included 609 videos depicting sexual acts on children as young as

Lloyd appealed against his sentence, saying the three-year jail term for each charge was excessive and there was never any chance he would be released on parole by July 16.

He was in prison for 19 months, about six months beyond his parole eligibility date, and was not able to enrol in a program to rehabilitate him, as such programs cannot be entered into while prisoners are on remand.

Such courses can take longer than six months to complete.

The-three member appeal panel of Chief Justice Paul de Jersey and Justices Richard Chesterman and Margaret White, found that it would be appropriate to put Lloyd on probation for two years so he could undergo courses to help rehabilitate him.

Mr Chesterman said by serving the majority of his sentence, and continuing to wait in prison for the course, the court would not have taken into account Lloyd’s pleas of guilty.

He said Lloyd, and society, would benefit from professional supervision to help him with his predilection for mistreating, or watching the mistreatment, of children. But the appeal court justices overturned the application that his sentence was excessive.

Mr Chesterman backed sentencing Judge Stuart Durward’s comments that Lloyd did not appear to regard the videos as abhorrent and was a recidivist offender.

He said the videos contained acts that were “repulsive and repugnant to any ordinary human sensitivity”.

Lloyd was jailed twice for child sex charges in 1994 and 2001.

The Court of Appeal justices ordered that Lloyd’s three-year sentence for the first 10 charges be suspended for three years, and set aside the sentence for the final charge in place of two years’ probation. He will be required to undergo a course to address his behaviour.

Upon his release, Lloyd is required to register with the police and inform them of his whereabouts once a week for the next 10 years.

Men walk free over child porn charges

JASON SCHWAB  |  December 11th, 2010

A TOWNSVILLE man who distributed a graphic tutorial over the internet describing how to sexually abuse young children will walk free in just three months after being sentenced yesterday.

Timothy Hinspeter, 36, pleaded guilty to one count of distributing and three counts of possessing child exploitation material.

On November 18, 2007, police discovered Hinspeter was circulating an explicit pictorial tutorial via a peer-to-peer file sharing site.

The four-minute guide detailed how to sexually assault girls from infancy through to 13 years of age.

Explicit instructions about different objects that could be used while performing illegal acts were provided.

It also specified ideal times to carry out such offences to ensure a spouse would not discover what was going on.

The file displayed 39 images of young girls.

Hinspeter was arrested on March 5, 2008, after a raid at his home. In addition to the tutorial, police seized his laptop and numerous hard drives, which contained 42 child porn videos, some as long as 45 minutes. They depicted as many as three young children being molested by men.

In handing down his sentence, Judge John Baulch SC told Hinspeter: “There is no indication the nature of the offence shocked you or caused you to reconsider or stop what you were doing.”

Hinspeter was given 18 months’ jail for the distribution charge, to be wholly suspended after just three months. He will then be subject to two years’ probation.

Meanwhile, two other Townsville men also charged as part of Taskforce Argos a Queensland Police investigation targeting the illegal accessing and downloading of child pornography have pleaded guilty and walked from court.

Ashley Kenneth Kearns, 48, and Peter Andrew Morgan, 42, both appeared this week in the Townsville District Court.

Judge John Baulch SC said the pair, who were regular visitors to pornographic websites that offer illicit images and videos of underage children, was involved in a “disgusting trade”.

Kearns, an ex-employee of Ergon Energy, faced 22 charges.

He also appeared on 21 commonwealth charges of using a carriage service, namely the internet, to download child pornography material.

He was given two wholly suspended sentences 18 months in jail for the Commonwealth offences and ordered to pay $2000 recognisance, while he was given six months’ imprisonment for the state charge.

Morgan, a fitter and turner, was charged with two state counts of possessing child exploitation material .

He was given a nine-month jail sentence wholly suspended.


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