NO JAIL FOR SEX WITH BOY

‘Shamed’ after carnal knowledge

A DISGRACED mother-of-eight has avoided jail for having sex with a 14-year-old boy on her daughter’s bed.

The woman, who is nearly 30 years older than the teen, pressured the boy until he agreed to have sex with her while a party carried on downstairs in her home in a remote Far Northern town.

Yesterday she pleaded guilty to unlawful carnal knowledge in June 2016, which has a maximum penalty of 14 years’ jail.

“You knew or you ought to have known that he was underage,” Judge Dean Morzone said.

“The law is in place so as to protect young children from adult behaviour … and that includes protecting them from their own conduct when they’re encouraged by someone who should know better.”

The Cairns District Court heard that under Queensland law actual time in jail must be served for the offence unless there were exceptional circumstances.

Defence barrister James Sheridan argued that the woman, who cannot be named for legal reasons, faced a real risk of being shunned in her community as a result of her abhorrent behaviour.

“This is something that will certainly stain her for a significant time into the future,” Mr Sheridan argued.

“I would be asking your honour to consider that … as to whether it can be demonstrated that there are exceptional circumstances.”

The mother received a wholly suspended jail term.

YOU KNEW OR YOU OUGHT TO HAVE KNOWN THAT HE WAS UNDERAGE. THE LAW IS IN PLACE SO AS TO PROTECT YOUNG CHILDREN FROM ADULT BEHAVIOUR ... JUDGE DEAN MORZONE

A CAIRNS judge found there were “exceptional circumstances” in a case where a 14year-old boy was coaxed into sex by a mother-of-eight on her daughter’s bed.

The woman, who is nearly 30 years older than the boy, was handed a wholly suspended jail term and allowed to return to her remote Far North Queensland home.

Defence barrister James Sheridan pushed for a noncustodial sentence arguing that she would be subject to public shaming and being shunned by her community.

“There is very little doubt in my submission that she will not be able to recede into the background in the minds and gossip of the local community,” defence barrister James Sheridan said.

“This is something that will certainly stain her for a significant time into the future.”

The Cairns District Court heard that the young teen had been at the woman’s house looking for his friends, when the drunk mother opportunistically set upon him.

“The defendant called out to the complainant to come upstairs and he refused,” Crown Prosecutor Aaron Dunkerton said.

The woman, who had eight children to about four fathers, kissed him and kept urging him to come upstairs – eventually the teen did and they had protected sex.

The court heard that she had children around the same age as the victim.

She pleaded guilty to unlawful carnal knowledge in 2016. She cannot be named as it would identify the victim.

Mr Dunkerton argued for 12 months to serve one third, but Judge Dean Morzone QC agreed with Mr Sheridan that there were “exceptional circumstances in this case”.

Mr Sheridan said his client had been trying to keep her offending to herself and she felt ashamed and shame that her two youngest children found out.

“She simply succumbed to conduct that she is truly shameful for,” Mr Sheridan said, describing her behaviour as more opportunistic than predatory. “She was intoxicated at the time.”

Judge Morzone said she should have known better.

“You’re a mother of eight children,” Judge Morzone said. “Imagine your rage if someone had done that to one of them.”

THIS IS SOMETHING THAT WILL ... STAIN HER FOR A SIGNIFICANT TIME INTO THE FUTURE DEFENCE BARRISTER JAMES SHERIDAN