Teacher Diane Brimble, a disgusting sexual deviant pursued 10 yr old


Watch out for this person when she gets out from her pathetic sentence which is due to be handed down in 2 days ( 9th October). A teacher, Brimble had a 10 year old boys name, whom she pursued for sex, tattooed on her breasts as some sort of sick show of love WTF? 

Reading this will have you just shaking your head in disbelief.

What did I pre warn you about? What the hell is going on in the courts, surely a teacher is just below a doctor in the trust stakes as far as a family and their children are concerned???

How proud this sicko must of once felt. Too obvious to fiddle her own, Becoming a teacher opened up a whole new world.

In a class of her own

Raising eight children on her own and dealing with a two-hour return commute was never going to stop Diane Brimble from achieving her goal of becoming a teacher.

The youngest of her eight kids was just a toddler when the Hamilton woman began her four-year Bachelor of Education (primary) degree in Warrnambool.

If there weren’t enough barriers to gaining a tertiary education in the country, add the extra parental responsibility of being a foster carer.

“I help out with foster kids when I’m needed,” she told The Standard.

“I’ve had children for a few nights and up to nine months.”

Ms Brimble yesterday officially marked her graduation from Deakin University when the campus held three ceremonies honouring nearly 200 students.

It was the culmination of a long journey to realise her dream, which had begun much earlier when she completed her VCE over two years via correspondence.

“I actually sat exams in Hamilton at the same time as my two eldest children, which was interesting. We tried not to compete,” she laughed.

Even a supermum needs her unsung heroes to be able to tackle such a workload.

Ms Brimble said she had a lot of support from friends and her university lecturers to help her complete her studies.

“I travelled from Hamilton to Warrnambool up to four times a week depending on my schedule.

‘‘It was a bit tiring but it was all worth it.

“I was fortunate to have a travel buddy in Trish Cordner, who also graduates today,” she said yesterday.

“I guess I always wanted to be a teacher and finally set out to achieve that.”

Not content with taking her foot off the pedal and celebrating her success, Ms Brimble is working part-time as a teacher-librarian at The Hamilton and Alexandra College and is studying for her Masters in Education.

“Doing this gave me the confidence that I can achieve what I set out to achieve, so I haven’t stopped studying.”

Ms Brimble said her children, aged six to 24, were proud of her efforts.

“They have been very supportive and so have my friends.

“I wouldn’t have been able to do it without their help.”

sfowles@standard.fairfax.com.au

Primary school teacher Diane Brimble avoids jail over sex request to 10-year-old boy

A female primary school teacher who propositioned a 10-year-old boy for sex and had his name tattooed on her chest has avoided jail.

Mother of eight Diane Brimble from Hamilton in Victoria’s west, pleaded guilty to one charge of engaging in an indecent act with a child.

The court heard the 47-year-old propositioned the boy for sex when he was at her home to play with her children.

The boy, who suffered Asperger syndrome, rejected her advances saying he was not old enough.

The court heard Brimble told the boy: “You are when you’re at my house.”

Brimble had his name with an infinity symbol tattooed on her chest, and wrote letters to him declaring her undying love.

The judge read part of one of the letters in court.

I am at a complete loss to understand why you engaged in such utterly inappropriate conduct which must dismay every parent.

Judge Mark Taft

“I miss you more than words can say. I can’t write how much I miss you because there just aren’t enough words,” Brimble’s letter to the boy said.

“I love you more than you will ever know. There will never be anyone else in my heart.”

In sentencing, Judge Mark Taft said it beggared belief that a mature-aged woman would write such a letter to her student.

“I am at a complete loss to understand why you engaged in such utterly inappropriate conduct which must dismay every parent,” he said.

“While this is not a case of sexual penetration or of fondling the genitals of a child, your propositioning of a 10-year-old child demands significantly greater punishment and denunciation than the nominal punishment advocated by your counsel.”

He sentenced Brimble to a two-year community corrections order.

She will be a registered sex offender for eight years.

Boy believed Brimble had cast a spell on him

The court had previously heard from the boy’s mother who told the court Brimble turned her son into a “sexual commodity”.

She said they had to move from their community and the boy was placed on antipsychotic medication.

She said it also impacted on his siblings.

“They drew pictures of rainbows and unicorns. He drew black pictures of knives and death,” she said, reading her victim impact statement to the court.

The boy’s father said his son would not look at his parents as he believed Brimble had cast a spell on him which allowed her to see and hear everything he did.

Diane Brimble leaves the Melbourne County Court

Diane Brimble leaves the Melbourne County Court

Teacher Diane Brimble branded ‘evil’ for asking 10-year-old boy for sex

Angus Thompson
Herald Sun
October 06, 2014 2:13PM

A PRIMARY school teacher who asked a 10-year-old boy to have sex with her has been described by the victim’s parents as an “evil” woman who destroyed their son’s innocence.
Hamilton teacher Diane Brimble, 47, was found guilty of committing an indecent act with a child under 16 in Warrnambool County Court in August this year.
A jury dismissed four of the five charges against her, including grooming the boy.
But the child’s mother said Brimble – a teacher at the boy’s school – violated her position of care and responsibility over him.

“He trusted her and she betrayed the trust everyone placed in her and a teacher and a mother and a woman,” the boy’s mother said in a statement she read out in the Melbourne County Court.

Brimble had pleaded not guilty to the allegations, including that she showed him a suitcase containing sex toys and exposed her breasts to him.
The mother of eight, who had struck up a relationship with him and had his name tattooed to her chest was found guilty of asking him for sex after driving him to her house.
Judge Mark Taft said the boy rejected her advances.
“He said he wasn’t old enough to have sex and she said ‘you are when you’re at my house’,” Mr Taft said.
The boy’s mother, who cannot be named because it would identify the boy, said her son had been driven to self-harm by Brimble’s actions: “a hell Brimble’s predatory actions thrust upon him.”
“I feel sickened…as a mother…that she did this under the guise of motherly love,” she said.
The boy’s dad described himself as “the father of a child who was the victim of sexual assault.”
He said his son believed Brimble, who had also sent inappropriate texts and Facebook messages to the boy, was a “horrible woman who cast a spell on him.”
“She tried to manipulate (boy’s name) to make him think she loved him and his parents did not.
“She has shattered our family,” the father said through a statement read out by Crown Prosecutor Patrick Bourke.
He said Brimble was an “evil woman” who forced the family to move and for his son to change school and repeat his education.
“I feel sick every time I think of my son’s name tattooed onto her body,” he said.
Mr Bourke argued Brimble should be convicted, undergo treatment under a community corrections order and be placed on the sex offenders register.
She will be stripped of her teacher’s registration.
Jennifer Clark, acting for Brimble, said her client had endured a difficult upbringing, been the subject of an abusive marriage, and fought hard to become a teacher.
Mr Taft said he remained baffled by Brimble’s behaviour following a psychological assessment he described as a “barracker’s report”.

“I had hoped some report would provide some understanding and insight…I have none,” he said.

Brimble will be sentenced in the County Court at 10am on Thursday.


 

Teacher who tried to have sex with 10-year-old got child’s name tattooed on her chest, court hears

6 Oct 2014, 3:59pm
A primary school teacher who tried to have sex with one of her students got the boy’s name tattooed onto her chest, a court has been told.
Diane Brimble, 47, of Hamilton in Victoria’s south-west, tried to have sex with the 10-year-old boy but he rejected her advances, the Victorian County Court heard.
The boy’s mother told the court Brimble, a mother of eight, turned her son into a “sexual commodity”.
She said they had to move from their community and the boy was placed on antipsychotic medication.
She said it also impacted on his siblings.
“They drew pictures of rainbows and unicorns. He drew black pictures of knives and death,” she said, reading her victim impact statement to the court.
The boy’s father said his son would not look at his parents as he believed Brimble had cast a spell on him which allowed her to see and hear everything he did.
The father’s victim impact statement was read to the court by prosecutor Patrick Bourke, who said Brimble tried to tour the boy’s new school and enrol her children there.
Judge Mark Taft said a psychological report tendered by Brimble’s lawyer Jennifer Clark did not help and was essentially barracking for her.
“I remain entirely bewildered by Ms Brimble’s psycho-sexual profile and her motive,” Judge Taft said.
“It’s an unusual case and I find Ms Brimble’s conduct as bizarre as I have ever seen in a courtroom.

“We have a 45-year-old school teacher who, amongst other things, has written extraordinary material about a 10-year-old child who wasn’t her own, has tattooed his name on her chest in an infinity symbol, and has engaged in a series of statements of continuing love and affection.”

Judge Taft said it was not a case of misplaced maternal sentiment.
This is a criminal offence, not an excess of maternal sentiment.

Judge Mark Taft
“You don’t seek to have sex with your children,” he said.
“This is a criminal offence, not an excess of maternal sentiment.”

A jury convicted Brimble of one count of committing an indecent act on a child under 16.
She was acquitted of five other charges.


Female teacher ‘groomed’ student, 10

October 6, 2014 – 1:47PM
Mark Russell
Court Reporter for The Age

Diane Brimble leaves Warrnambool Law Courts. Photo-Rob Gunstone

Diane Brimble leaves Warrnambool Law Courts. Photo-Rob Gunstone

Convinced she was in love with her 10-year-old student, primary school teacher and mother of eight Diane Brimble had his name and the infinity symbol tattooed on her chest, a court has heard.
The boy’s mother told the County Court on Monday that she used to call her son, ‘Smiles’, but Brimble had “hurt him in his heart” after Brimble had groomed him.
The mother said while her daughters would draw rainbows and unicorns, he drew black pictures of knives and death. She felt sickened as a mother that Brimble’s offending was “under the guise of motherly love”.
“The commemorative tattoo etched into her body of my child’s name in the symbol of infinity coupled with her belief in spells and spirits makes me convinced that she truly believes she is meant to be united in dreams for eternity,” the boy’s mother said in a victim impact statement read to the court.
The boy’s father said his son believed “this horrible woman” had cast a spell on him which meant anything he heard or saw she could hear and see too, which was why he refused to look at his parents or talk about what Brimble had done.
Brimble, 47, of Hamilton, appeared in the County Court on Monday for a pre-sentence hearing after a jury sitting in Warrnambool found her guilty of one count of committing an indecent act with a child under 16 between January 1 and April 19, 2013.
Judge Mark Taft said Brimble had hugged the boy at her house and asked him if he wanted to sleep with her. The boy asked her what she meant and she said, “sex.” The boy pushed Brimble’s hands away as she kissed him on the cheek and told him she loved him.
He told his teacher he was not old enough to have sex but Brimble told him, “You are when you are at my house.”
“It is an unusual case. I find Ms Brimble’s conduct as bizarre as any I have ever seen in a courtroom,” Judge Taft said.
The boy’s mother said she was proud of her son for rejecting Brimble’s sexual advances.
“He knew right from wrong,” she said before warning other parents not to be naive and trust anyone “with your beautiful children”.
Brimble’s predatory actions when trying to turn her little boy into a sexual commodity had had a profound effect on him and his family, the mother said.
She was now worried the boy, who has had to repeat a year at school, might blame her for not protecting him from Brimble.
“I have failed as a mother because I did not keep him safe,” she said.
The mother said the family had moved out of the community but still did a double-take if they saw anyone with bleached blonde hair similar to Brimble’s.
She was repulsed at how Brimble had used “guile and artifice” to make her son doubt that his parents loved him so she could offer him solace and fun.
Brimble had set out to exploit her little boy and stole part of his innocence.
The boy’s father said he lived day by day trying to protect him now. “I feel sick every time I think of my son’s name tattooed on her body,” he said in his victim impact statement read to the court.
“Who knows what scars he will carry with him forever.”

Judge Taft was critical of a psychological report tendered by Brimble’s defence barrister which claimed Brimble had only been trying to support the boy through difficult and challenging times and had been naive not to realise the child could have misinterpreted her kindness.
The judge said the psychological report failed to explain Brimble’s reasons for her offending.

“I remain entirely baffled by Ms Brimble’s psycho-sexual profile and her motivation,” he said. Judge Taft said Brimble’s conduct was bizarre and he agreed with the boy’s description that his teacher had been acting “weird”.

Brimble will be sentenced on Thursday.

SA child care worker Mark Christopher Harvey stands trial accused of child sex abuse


SA child care worker Mark Christopher Harvey stands trial accused of child sex abuse

Chief Court Reporter Sean Fewster

February 24, 2014 1:27PM

THE child care worker who sparked the Education Department sex abuse scandal is a paedophile who abused his position to hide his deviancy in plain sight, a court has heard.

Artist’s sketch of Mark Christopher Harvey during his November 2012 appearance in the Port Adelaide Magistrates Court

Artist’s sketch of Mark Christopher Harvey during his November 2012 appearance in the Port Adelaide Magistrates Court

Mark Christopher Harvey is currently serving a six-year jail term for child sex offences committed at a western suburbs school in December 2010.

Today, he stood trial in the District Court charged with the persistent sexual exploitation of four girls prior to that crime.

In his opening address, prosecutor Mark Norman, SC, said Harvey had touched the girls, aged between five and eight, bit their toes and even blindfolded them.

Mr Norman said Harvey was the director of an out of school hours care program, and so knew full well how inappropriate and unlawful his conduct was.

“Our case is that the accused is a paedophile with a foot fetish,” he said.

“The children adored him, they treated (his actions) as just another game, as something that Mr Harvey would do.”

“He was hiding in plain sight — he was getting sexual pleasure from touching the children and, in particular, biting their toes, and using his position to disguise it as innocent play.”

Harvey, 43, has pleaded not guilty to four counts of persistent sexual exploitation of a child allegedly committed between January 2007 and December 2011.

Those offences pre- and postdate his existing conviction over a sexual act involving a blindfolded child in December 2010.

Parents who used the OSCH service were not told of that offending until November 2012, sparking the Education Department sex abuse scandal.

Unrelated allegations against dozens of other teachers and child care workers came to light, and then-education minister Grace Portolesi was succeeded by Jennifer Rankine.

A subsequent inquiry, by retired Supreme Court Justice Bruce Debelle, produced a 280 page report with 43 recommendations about how alleged sex abuse should be handled by the Education Department .

This month, the Sunday Mail revealed there remain more than 80 “ongoing investigation matters” involving alleged misconduct by Education Department and Families SA staff.

Today, Mr Norman said that, under Harvey’s leadership, the OSCH program was “less structured” than others and rewarded children with lollies and physical contact.

He would sit with them in the TV room and single out “favoured” children to accompany him to a separate area to prepare fruit snacks for the group.

“It’s plain Harvey was conditioning the children to be accepting of his touch,” he said.

“(When preparing snacks) he knew it would be very unlikely he would be seen or disturbed.”

Mr Norman said Harvey would “play a taste-testing game” with select children, while they were blind-folded, usually by a tea towel.

He said that, during a conversation with another staff member, Harvey announced he would be playing a taste-testing game with the entire group.

“He was masking his intentions toward the children by admitting this taste-testing game existed,” he said.

“That would enable him, should he ever be taken to task about being alone with the children, to say he’d told people about it and it therefore must be innocent.”

Mr Norman said other staff became concerned when, during a vacation care excursion, Harvey let a distressed child sit in his lap in full view of the general public.

“Harvey did not deny it and said he was comforting the child and would continue to do so,” he said.

He said Harvey was formally cautioned over the incident, and so committed the offences knowing his behaviour was inappropriate.

Mr Norman said that, after December 2010 crime, the alleged victims of the current matter approached their parents and complained about Harvey.

Police, meanwhile, discovered “a dozen foot fetish DVDs” in Harvey’s home.

During a subsequent interview, Harvey told police that letting children help him prepare snacks was “part of the children’s ownership” of the OSHC program.

He also conceded being “a big one for” physical interaction and that he was “trying to do the right thing, but it bit me on the ass in the long run”.

“This is an example of confession and avoidance,” Mr Norman said.

“He seeks to blame the children for this, or to at the very least categorise it as benign play.”

The trial, before Judge Michael Boylan in the absence of a jury, continues.

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Toowoomba teacher tells royal commission she couldn’t understand why molested children didn’t come forward


Here we go again, disgusting out of touch responses from officials where children were abused. Finger pointing, buck passing, protocol this, protocol that… WAKE THE HELL UP AUSTRALIA

This has to end, and we cannot continue to let this bullshit roll along until the perpetrators die or disappear (to abuse again)

I have much more to add in the morning but had to get this published tonight. It is disgusting beyond anything I have ever seen here.

GUTLESS SELF INTERESTED PROFESSIONALS ENTRUSTED TO TAKE CARE OF OUR CHILDREN AND KEEP THEM SAFE.

EACH AND EVERYONE OF YOU MAKE ME SICK TO THE STOMACH. BLOODY EXCUSE AFTER EXCUSE, YOUR PATHETIC EXCUSES, CAREERS, SELF INTERESTS OR SECRETS WERE MORE IMPORTANT. YOU WILL BE EXPOSED HERE, THE TIME HAS COME.

update tonight 18/02/14 more poor excuses at the highest levels, a principal no less, had no guts to do something

Principal didn’t report paedophile teacher

February 18, 2014 7:38PM

A CATHOLIC principal didn’t trust or like a paedophile teacher, but never reported child sex abuse complaints against him to police because he did not want to compromise the bishop.

Terence Hayes, who currently works as a year seven teacher, was principal of a Queensland primary in 2007 and 2008 when serious child sex abuse complaints were made against teacher Gerard Byrnes.

But Mr Hayes says he never reported any allegations to police, as the school’s child protection manual and state laws required, because he was always told to go to his superiors first.

“In the Catholic system, principals are not autonomous. We are virtually middle managers. So as, per the advice that had been given to me, we were constantly told we can never do anything without going to the office and getting advice of our superiors,” he told a hearing of the Royal Commission into the Institutional Responses to Child Sexual Abuse in Brisbane on Tuesday.

“Principals were of the understanding that CEO (Catholic Education Office) was the first port of call, and that the bishop must not be compromised.”

Counsel Assisting Andrew Naylor SC asked the former principal why the school’s child protection manual existed if it wasn’t being followed.

“That’s a question for my superiors, but we were told by our superiors to ‘come to us, we would help you, we are the first port of call, we work together’,” Mr Hayes replied.

Mr Hayes said after the first sex abuse complaints against Byrnes were made, he didn’t tell Byrnes that any action would be taken because he wanted to keep an eye on Byrnes secretly.

“I didn’t trust him. I didn’t like him. He was a very difficult person on staff. I didn’t enjoy the guy on staff,” Mr Hayes said.

But Byrnes wasn’t stood down as a student protection officer at the school up until he resigned in June 2008.

He was then rehired as a relief teacher one month later.

Mr Naylor asked if Mr Hayes had made his opinion about Byrnes known to superiors before he was rehired.

“I’m a very system-orientated person and it’s not for me to make a judgement on that information,” Mr Hayes said.

Mr Naylor then asked if he had felt comfortable about the CEO making a decision to let Byrnes come back to his school and teach children.

“If the system had said yes, I’m comfortable,” Mr Hayes replied.

Byrnes’ employment at the school only ceased when he was finally arrested by police in November 2008.

He pleaded guilty to 44 child sex abuse charges, including 10 of rape, and was sentenced to 10 years jail in 2010.

The hearing is set to continue on Wednesday.

Toowoomba teacher tells royal commission she couldn’t understand why molested children didn’t come forward

A former student protection officer at a Queensland primary school says she could not understand why students who had been sexually abused “didn’t have the courage to come forward”.

Gerard Vincent Byrnes molested 13 female students, all aged between nine and 10, in 2007 and 2008.

Gerard Vincent Byrnes molested 13 female students, all aged between nine and 10, in 2007 and 2008.

Catherine Long was a student protection officer at the Toowoomba primary school where teacher Gerard Vincent Byrnes molested 13 female students, all aged between nine and 10, in 2007 and 2008.

The Royal Commission into Institutional Responses to Child Sexual Abuse is looking at why Byrnes was allowed to go on offending for more than a year after allegations were first made against him to the school.

Byrnes, the school’s child protection contact, pleaded guilty in 2010 to child sex offences, including rape. He carried out all but two of his crimes in the classroom.

Ms Long, who still teaches at the school,was today questioned by the commission in Brisbane as to why she did not refer one student’s complaint to police or authorities.

She said some of the relevant school protocols were difficult to understand and she was reluctant to believe her colleague was a paedophile.

“And I don’t get that our children, with all of this student protection and everything else that we have, didn’t have the courage to come forward,” she said.

Ms Long also told the hearing she believed referring the matter to police was the principal’s responsibility.

“I was there as the note-taker – he was in charge, not me,” she said.

Principal told but no action taken

One of the parents reported that his daughter’s accusations of abuse to the principal at the time, Terrence Hayes, as well as another teacher, but neither related the accusations to the police.

“The teacher wasn’t suspended, he remained in the class for the last term, and then a whole new school year in 2008 where, sadly, he went on to abuse more of the young girls,” said Monique Scattini, who legally represented the families of five of the abused girls.

Mr Hayes was charged with failing to tell police about the abuse complaints, but was later acquitted. He is expected to give evidence later this week.

No action was taken against Byrnes, a veteran teacher and father of eight children, until a parent of an abused girl went directly to the police.

“There actually were systems and procedures in place and they had been accredited, but still there was something that prevented the strong application of those,” said Janette Dines, the chief executive of the commission.

“And in this case, the abuse not just continued but escalated after the first complaints were made.”

The parents of three of the victims fronted the commission today, with one mother saying the school’s refusal to act on allegations was “disgusting”.

Another mother of an abuse victim said she and other parents were ostracised by the school community after they complained about the abuse, and how the school had dealt with their concerns.

“The parents of the victims were made out to be the bad guys,” she said.

Francis Sullivan, the chief executive of the Church’s Truth Justice Healing Council, admits the case was mishandled.

“There’s no doubt that there would still be considerable anger at the Church over its handling [of this case],” he said.

“We’ve discussed the loss of trust about what’s occurring … [in a] close-knit community something like this really goes to the heart of relationships.”

The hearing is expected to last for five days.

Royal commission to probe handling of reports of abuse by Gerard Vincent Byrnes at Toowoomba School

By Emily Bourke

The child abuse royal commission will today turn its attention to how staff and Catholic Church officials at a Toowoomba primary school in south-east Queensland dealt with allegations of sexual offences against girls between 2007 and 2008.

In 2010, veteran teacher Gerard Vincent Byrnes pleaded guilty to child sex offences committed against 13 girls and was sentenced to 10 years’ jail.

The Royal Commission into Institutional Responses to Child Sexual Abuse is taking a closer look at how the school dealt with the complaints.

Monique Scattini represented the families of five victims who took legal action and says the abuse could have been prevented.

“One of the parents went to the principal, reported allegations that his daughter had made to him,” Ms Scattini said.

“There was subsequently a meeting with the principal and another teacher … who conducted an interview with the young girl and her father.

“At the end of that meeting neither the principal nor the teacher reported the matter to police.

“The teacher wasn’t suspended, he remained in the class for the last term, and then a whole new school year in 2008 where, sadly, he went on to abuse more of the young girls.

“And it was absolutely preventable if anyone in Catholic Education had have done their job.

“I know it could have been prevented because when the teacher was arrested, he admitted to the offences.”

Mandatory reporting laws were put to the test, but the principal was found not guilty of failing to refer the allegation to police.

Ms Scattini says the response from the broader school community was also upsetting for the victims’ families.

Audio: Listen to Emily Bourke’s report for AM (AM)

“Sadly the school didn’t rally at all around the parents or the young girls who were the victims,” she said.

“Instead all the support was thrown behind the principal.

“A number of staff and parents in the school community were wearing badges and ribbons in support for him as they would attend school grounds or in-court hearings for both the criminal prosecution of the paedophile and the principal.

“So they [the victims] felt incredibly ostracised.”

‘Procedures not followed to the letter’

Royal commission chief executive Janette Dines says this particular case is striking, given that procedures were in place to deal with reports of abuse.

“Given that we have just finished looking at what some people would call historical abuse with the Salvation Army, this is quite confronting for a lot of people who might have thought that abuse was in the past,” Ms Dines said.

“What is also quite striking about this case is the fact is that the abuse against these girls, who were all aged eight to 10 at the time, occurred predominantly in the classroom in front of other children.

“And I think the other striking thing is the fact that this isn’t a case where there weren’t systems and procedures in place.

“There actually were systems and procedures in place and they had been accredited, but still there was something that prevented the strong application of those.

“There actually were systems and procedures in place and they had been accredited, but still there was something that prevented the strong application of those.”

Ms Dines says it is likely other students at the school were aware of the abuse.

“There is a sense that the children as a group were aware of what was going on,” she said.

“And whilst one of the girls had the courage to come forward, the sense of fear and powerlessness when it was obvious that she wasn’t believed and nothing happened is a big feature of the impact that that’s had on this group of children.”

Francis Sullivan, from the Catholic Church’s Truth Justice and Healing Council, says the school community are still coming to terms with the events.

“What happened in this particular case is so alien to what a church is about, people carry that with them for a very long time,” Mr Sullivan said.

“When I visited Toowoomba recently and even went to the school and spoke to people in the staff room, it is quite clear that the experiences of 2007 and 2008 are still fresh.

“In the local community it’s extremely potent and fresh and so it should be.

“This was such a travesty, and such a tragedy and the trust that a community should put in a Catholic Church school and certainly in the Catholic Church was really eroded and the scars of that remain.”

Advocacy group initiates investigation of Family Court

Meanwhile, long-time advocate for child abuse victims, Hetty Johnston, is optimistic about the public hearing.

“They are getting to the crux of matters – they are taking no prisoners and the ramifications for this are not just going to affect Australia’s children and organisations, the threads of this lead right around the globe,” Ms Johnston said.

The royal commission’s terms of reference are limited to looking at institutions and how they have responded to child sexual abuse.

Ms Johnston says the inquiry should be expanded as it does not look into abuse that occurs in the family.

The founder of Bravehearts has told the ABC that the children’s advocacy group has received funding from a private benefactor to conduct its own investigation of the Family Court.

It’s now the legal process that causes so much damage to children and families who are already in a lot of trouble.

“It’s as though the shutters have come down, and they’ve said, ‘well, you can look in the churches, and you can go anywhere else but don’t you come looking in here’.

Bravehearts are determined to go looking there, and we are going to go looking there.

“We are going to do this investigation. We have some private funding to make that happen.”

Ms Johnston says the Family Court is an institution that cannot be ignored.

“We cannot let this opportunity go, where finally, as a nation, we are focusing on this most heinous of ways to offend against children, and not look at the modern-day issues that are facing our children,” she said.

“They are not the homes any more, or the institutions, the churches.

“It’s now the legal process that causes so much damage to children and families who are already in a lot of trouble.

“We need to get that right, and unless they do that, we’re going to be having this again in 15 years’ time.”

http://www.theaustralian.com.au/news/nation/principal-barred-for-pedophile-inaction/story-e6frg6nf-1226790822074#

Principal barred for paedophile inaction

A QUEENSLAND Catholic primary school headmaster who failed to stop a pedophile teacher from repeatedly abusing his female students has been barred from serving as a principal.

Terence Michael Hayes admitted to a tribunal that he failed to protect students after receiving a complaint in 2007 that one of his teachers, Gerard Vincent Byrnes, had molested a member of his Year 4 class at the school in Toowoomba.

When Byrnes retired in mid-2008, Mr Hayes obtained approval from the Catholic Education Office to rehire the pedophile, then 58, as a casual teacher.

Byrnes was jailed in 2010 for committing 44 sexual offences against 13 girls – all aged nine and 10 – between January 2007 and November 2008.

Mr Hayes was the first person in Australia to be charged under laws requiring reporting to police of suspicions of child-sex abuse, but he was acquitted in 2009.

The Queensland College of Teachers has now taken action in the Queensland Civil and Administrative Tribunal, obtaining orders that Mr Hayes undertake 50 hours of community service and that he never again act as a principal, acting principal or as a child protection contact.

He was also handed a two-year suspension from teaching, wholly suspended on account of his sporadic work history since his dismissal in December 2009.

He resumed teaching fulltime last year.

The September 2007 complaint received by Mr Hayes indicated that Byrnes had kissed a girl on the cheek, put his hand through a girl’s shirt and placed his hand on the upper leg of a girl.

Byrnes admitted to Mr Hayes that he had placed girls on his lap in class, spoken to girls in the playground, given lollies to students and allowed students to visit his class.

Mr Hayes reported the allegation to the Catholic Education Office, but Byrnes was not monitored or removed from his role as a student protection contact.

In written reasons published this month, QCAT said: “The young students who were the victims of Mr Byrnes’ conduct have suffered … serious and long-lasting consequences.

“Principals must be deterred from similar failings.”

Byrnes was jailed for 10 years in 2010, and will be eligible for parole in 2016.

http://www.thechronicle.com.au/story/2011/03/12/judges-dismiss-appeal-against-pedophile-toowoomba/

No appeal for pedophile teacher

Peter Hardwick | 12th March 2011

  • ·

ARGUABLY Toowoomba’s most despised individual, pedophile school teacher Gerard Vincent Byrnes, has escaped serving any more time in jail.

The Court of Appeal in Brisbane yesterday rejected an Attorney General’s appeal against the leniency of the sentence handed down in Toowoomba District Court to the 61-year-old who admitted 44 sexual offences against girl students aged just nine and 10.

Byrnes’ offences included the rape of six girls in his care and the ongoing grooming of one child.

Many of the offences had occurred in the classroom environment at a Toowoomba Catholic primary school and at times in front of other students.

Adding to the abhorrence of his crimes, Byrnes had at the time been the school’s designated Child Protection Officer.

He was sentenced to 10 years jail, a sentence then Attorney General Cameron Dick appealed claiming the penalty was inadequate for such serious offending in Brynes’ position as the victims’ class teacher.

Tony Moynihan SC, for the Attorney General’s appeal, argued the sentence was inadequate for a “gross breach of trust and abuse of power”.

The appeal sought to increase the jail term up to 15 years.

However, in a unanimous judgement brought down yesterday and published on the Courts Queensland website, Chief Justice Paul de Jersey, Justice John Muir and Justice Margaret White dismissed the appeal, finding the sentence handed down by Judge Sarah Bradley was “supported by the comparable sentences” handed down in the past for like cases.

The Court of Appeal said due leniency had to be applied when sentencing offenders who admitted their guilt.

The ruling quoted passages from a previous judgement, which stated:

“An offender who pleads guilty saves the community the cost of a trial.

“In some kinds of case, particularly offences involving young persons, the offender’s pleas of guilty avoids the serious harm that may be done by requiring the victim to describe yet again, and thus relive, their part in the conduct that is to be punished.”

Byrnes was declared at sentence a serious violent offender, meaning he has to serve at least 80% of his 10-year term.

However, having served almost two years pre-sentence custody by the time he was sentenced, he will be eligible for release from prison in 2016.

http://www.couriermail.com.au/news/year-sentence-sticks-for-teacher-who-molested-schoolgirls/story-e6freon6-1226019627777

10-year sentence sticks for teacher who molested schoolgirls

A TOOWOOMBA teacher who molested 13 schoolgirls escaped a higher sentence when the Court of Appeal today refused an application by the Attorney General to increase his 10 years jail time.

The Director of Public Prosecutions, Tony Moynihan, SC, who appeared for the then Attorney General Cameron Dick, had asked Gerard Vincent Byrnes sentence be set aside and one of up to 15 years imposed.

Mr Moynihan said the 10-year sentence failed to reflect the gravity of the offence, it failed to act as a sufficient deterrent, and the sentencing judge gave too much weight to mitigating factors.

He said it was an abuse of power and the 10-year jail sentence did not adequately denounce the behaviour or mark deterrence.

However, Michael Byrne, QC, for Byrnes, said the 10-year sentence was adequate because there were substantial mitigating factors in his clients favour including his early plea and genuine remorse in writing an apology to his victims.

Mr Byrne said his client had led a blemish free life and been a productive member of the community.

In an unanimous judgment the Court of Appeal dismissed the Attorney General’s appeal.

Justice John Muir said the mitigating circumstances, in particular Byrnes’ early guilty plea and his admissions to police, when combined with comparable cases relied on by the Attorney General, an increase in sentence was not warranted.

He said comparable sentences used by Mr Byrne had supported a 10-year sentence.

The Chief Justice Paul de Jersey and Justice Margaret White agreed the appeal should be dismissed.

In the District Court in Toowoomba last year, Byrnes, 61, pleaded guilty to 44 child-sex offences including maintaining a sexual relationship with a child, rape, and indecent dealing between 2007 and 2008.

Byrnes was classed as an automatic serious violent offender and he must serve eight years before he is eligible for parole.

He has already served nearly two years in pre-sentence custody and will be eligible for parole in 2016.

Byrnes, who had worked in Catholic schools in NSW and Queensland since 1970 as both teacher and principal, admitted abusing 13 girls aged between eight and ten, sometimes in front of his grade 4 class.

The court heard Byrnes had stopped abusing one girl as he mistakenly thought she had reported him but the girl who had actually reported him continued to be molested.

http://www.austlii.edu.au/au/cases/qld/QCA/2011/40.html

Supreme Court of Queensland – Court of Appeal

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R v. Byrnes; ex parte A-G (Qld) [2011] QCA 40 (11 March 2011)

Last Updated: 14 March 2011

SUPREME COURT OF QUEENSLAND

CITATION: R v Byrnes; ex parte A-G (Qld) [2011] QCA 40
PARTIES: Rv

BYRNES, Gerard Vincent

(respondent)

EX PARTE ATTORNEY-GENERAL OF QUEENSLAND

(appellant)

FILE NO/S: CA No 246 of 2010DC No 894 of 2009
DIVISION: Court of Appeal
PROCEEDING: Sentence Appeal by A-G (Qld)
ORIGINATING COURT: District Court at Toowoomba
DELIVERED ON: 11 March 2011
DELIVERED AT: Brisbane
HEARING DATE: 17 February 2011
JUDGES: Chief Justice and Muir and White JJASeparate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where respondent pleaded guilty to serious violent offences of a sexual nature against complainants under 12 years of age – where respondent sentenced to 10 years imprisonment – where appellant submitted that sentence failed to give weight to the seriousness of offending, number of complainants and position of authority of the respondent – whether sentence manifestly inadequateCriminal Code 1899 (Qld), s 669A

Penalties and Sentences Act 1992 (Qld), s 161A, s 161B

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited

R v D [2003] QCA 88, distinguished

R v D’Arcy (2001) 122 A Crim R 268; [2001] QCA 325, considered

R v Ellis (1986) 6 NSWLR 603, cited

R v HAV [2009] QCA 259, followed

R v MBG & MBH [2009] QCA 252, distinguished

R v TS [2009] 2 Qd R 276; [2008] QCA 370, followed

R v ZA; ex parte A-G (Qld) [2009] QCA 249, distinguished

COUNSEL: A W Moynihan SC, with A D Anderson, for the appellantM J Byrne QC for the respondent
SOLICITORS: Director of Public Prosecutions (Queensland) for the appellantPeter Shields Lawyers for the respondent

[1] CHIEF JUSTICE: I have had the advantage of reading the reasons for judgment of Muir JA. I agree that the appeal should be dismissed, for those reasons.

[2] MUIR JA: Introduction The respondent pleaded guilty to one count of maintaining an unlawful sexual relationship, 10 counts of rape and 33 counts of indecent treatment of a child under 16 with the circumstance of aggravation that the complainant was under 12 years of age. He was sentenced to 10 years imprisonment for each of the maintaining and rape offences and to seven years imprisonment for each of the indecent treatment offences. Each term of imprisonment was ordered to be served concurrently. By operation of ss 161A and 161B of the Penalties and Sentences Act 1992 (Qld), the respondent was convicted of serious violent offences with the consequence that he was required to serve 80 per cent of the head sentence of 10 years before becoming eligible for parole.

[3] The appellant Attorney-General appealed on the grounds that the sentences imposed were inadequate.

The circumstances of the offending

[4] The subject offences were committed over a 23 month period by the 58/59 year old respondent on 13 female students in his grade 4 class at a Toowoomba school. As well as being his victims’ teacher, the respondent was one of the school’s two child protection officers. As such, he was held out as a person whose assistance students could seek with safety in the event of inappropriate conduct. All of the offences were committed at the school and all but two were committed during the conduct of a class.

[5] The respondent’s modus operandi was to call the intended victim to the front of the class room and, when marking her work or asking questions of her, cause her to sit on his lap or stand in front of him. He would then engage in the offending activity. Three of the indecent dealing counts involved the rubbing of girls’ chests under their blouses. Another three involved the placement of the respondent’s hand up the girls’ skirts and rubbing their legs below their underwear. Two such counts involved licking the vaginal regions of two girls. One girl was kissed on the lips. Three of the offences involved the feeling of girls’ buttocks under their underwear. Another three involved rubbing of girls’ genitalia outside their underwear and 15 of the counts involved the rubbing of buttocks outside of the girls’ underwear. The licking incidents occurred when the girls, having been asked to remain behind during morning tea, were alone in the classroom with the respondent.

[6] The digital penetrations are the subject of counts 7, 8, 9 and 12 on the indictment. Counts 10 and 11 relate to the indecent treatment of this complainant and count six is the maintaining count. It was constituted by the conduct the subject of the four rape counts, the indecent treatment counts and other uncharged acts. The six remaining counts of rape occurred when the respondent digitally penetrated the vaginas of five other children on separate occasions.

[7] One girl complained to the school principal on 6 September 2007 that the respondent had put his hand inside her shirt and up her skirt and that she had seen him kiss another girl on the cheek. The principal wrote to the respondent informing him of these allegations and inviting him to respond. The respondent did so on 20 September 2007 acknowledging that he kissed a child on the cheek and that girls in his class often sat on his knee. He denied the other allegations. The respondent erroneously assumed that a particular girl was the informant, and ceased offending against her. He continued to offend against the other girls including the girl who had actually complained. He also interfered with two girls who had not previously been subjected to his indecent acts.

[8] In November 2008, the complainant with whom the respondent had been maintaining an unlawful sexual relationship complained to her mother and the police were informed. The respondent participated in interviews with police in relation to the offences. He initially denied allegations made by some children but admitted offending conduct which had not been the subject of allegations by a complainant. Six of the 10 counts of rape were based solely on the respondent’s admissions.

The Sentencing Remarks

[9] In her sentencing remarks the sentencing judge referred to the position of trust held by the respondent, the distress experienced by some of the girls and to the continuation of the offending conduct after the initial complaint. The sentencing judge accepted that the remorse expressed by the respondent was genuine and noted that the respondent’s convictions on a number of the charges, including some of the more serious ones, were based on his admissions. It was accepted that the respondent’s imprisonment would be served in protective custody and that this would make incarceration more onerous than would otherwise be the case. Her honour took into account the age of the respondent and his previous good character.

[10] In determining the respondent’s sentence the primary judge derived assistance from R v D’Arcy [2001] QCA 325 in which the head sentence, imposed after a trial of offences against four complainants, which included three counts of penile rape, was reduced on appeal to 10 years imprisonment. The primary judge concluded that the starting point for determining the sentence should be 12 to 14 years imprisonment. She then took into account the plea of guilty, the respondent’s co-operation with the police and the respondent’s admissions and the other matters previously mentioned and arrived at sentences of 10 years for the maintaining and rape offences.

The Appellant’s Contentions

[11] Counsel for the appellant submitted that the head sentence of 10 years imprisonment failed to give sufficient weight to the serious nature of the offending, general deterrence, denunciation and protection of the community. It was submitted that the starting point adopted by the primary judge would have been appropriate for an offence of maintaining a sexual relationship with one child or a small group of children but not for offending on the subject scale by a teacher over a long period in respect of his own students.

[12] Reliance was placed on R v D,[1] R v MBG & MBH,[2] R v ZA; ex parte A-G (Qld)[3] and R v D’Arcy.[4]

[13] R v D was quite a different type of case to the present. The 40 year old offender who had a lengthy criminal history, not including convictions for sexual offences, succeeded in having a 12 year term of imprisonment for the rape of a five year old complainant set aside as being manifestly excessive. A sentence of 10 years imprisonment was substituted. The court did not interfere with a three year term of imprisonment imposed for deprivation of liberty. The complainant’s mother noticed that the complainant was missing and that the offender was no longer sitting in his back yard where she had previously seen him. She ran to the offender’s house, entered it and found the complainant naked on a bed with the applicant leaning over her, touching her vaginal area while holding down her legs. The complainant told her mother that she had not responded to her mother’s calls because of threats made by the offender that he would punish her.

[14] On medical inspection, the complainant’s hymen was found to be bruised and haemorrhaging was evident. The injuries were thought to be more consistent with digital than penile penetration. There was evidence that the complainant’s behaviour had changed since the offence and she slept with her mother most nights. Her sleep was interrupted and she was wary and distrustful of strangers.

[15] In R v MBG & MBH a sentence of 10 and a half years imprisonment imposed on a mother and father who pleaded guilty to maintaining a sexual relationship with their seven to eight year old daughter was not disturbed. The offenders also pleaded guilty to two counts of raping their daughter, one count of attempting to do so; 10 counts of indecently treating her; the rape of her nine year old friend; three counts of indecently treating that friend and indecent treatment of that friend’s sister.

[16] The offending conduct in respect of the complainant daughter occurred on about 100 occasions and included: an attempt by the male applicant to insert his penis into the complainant’s vagina; the performance of oral sex on the complainant by her parents and vice versa; the watching of pornographic films together; the applicants having sexual intercourse in front of the complainant; the complainants rubbing an object in her mother’s vaginal area; the placing of the male applicant’s semi erect penis inside the leg opening of the complainant’s underwear; and the application of a vibrator to the complainant’s genitalia.

[17] It was submitted that this decision demonstrated that the subject sentences were too low as there were only four female complainants. That case, however, involves not only more serious sexual acts but the protracted abuse and corruption of a young child by her natural parents. The moral culpability of the offenders in MBG & MBH, to my mind, was substantially greater than that of the respondent, appalling though his behaviour was in both its quality and extent. The sentencing judge justly observed that the respondent’s conduct involved a protracted and gross beach of trust.

[18] In R v ZA; ex parte A-G the nine and a half year sentence imposed on the 48 year old offender with a history of sexual offending against children was increased on appeal to 10 years, thereby attracting a serious violent offence declaration. The respondent committed 34 offences over a 15 month period against six boys aged between 10 and 15 years. The offences included: two counts of maintaining an unlawful sexual relationship with a child; two counts of sodomy with a circumstance of aggravation; 21 counts of indecent treatment of a child with a circumstance of aggravation; seven counts of indecent treatment of a child and two counts of attempting to procure a young person for carnal knowledge. As well as sodomy, the respondent’s conduct included the insertion of a vibrator into a complainant’s anus; fellatio on and by complainants and the showing of pornographic material including films involving bestiality. Again, the offending conduct was more extreme and corrupting than in the present case and it was perpetrated by an offender with a prior history of sexual offending.

[19] The remaining case relied on by the appellant was R v D’Arcy, in which the appellant offended against four young complainants, three girls and one a boy who were the appellant’s pupils when he was the principal of a one teacher school. The offences came to light many years after the event by which time the applicant was in his sixties and had significant health problems. His sentence was reduced from 14 years imprisonment to 10 years. The offending conduct was singularly grave. The appellant digitally penetrated one female complainant and rubbed his exposed penis up and down her body from her navel to her genitalia. Another female complainant was subjected to painful penile rape culminating in ejaculation on three occasions.

Consideration

[20] Counsel for the respondent submitted that in D’Arcy the offending conduct was markedly more serious than the subject offending conduct and that there was a lack of a primary basis for mitigation. It was found in D’Arcy that the applicant exercised control over the children through fear and violence. There was a trial, no co-operation at the trial and an absence of remorse. The complainants were obliged to give evidence thus reliving their experiences. D’Arcy therefore does not support the appellant’s argument, even when regard is had to the far greater number of victims in the present case. In that regard it is relevant that the more serious offences were committed against relatively few complainants in the present case, making the circumstances more comparable with those in D’Arcy than mere reference to numbers would suggest.

[21] Counsel for the respondent submitted that the primary judge’s sentence was also supported by R v TS[5] and R v HAV.[6]

[22] In R v HAV the offender was sentenced after a trial to concurrent terms of imprisonment of 14 years for maintaining a sexual relationship with a child under 16 and rape. Concurrent terms of imprisonment of five years were imposed for six offences of indecent treatment of a child under 16. The primary judge found that the complainant was “to all intents and purposes” the offender’s step daughter and that the offender had sexually abused the complainant from when she was about seven until she was sixteen.

[23] The offending conduct was persistent and involved the offender’s masturbating in the presence of the complainant, masturbation of the offender by the complainant, cunnilingus, the dressing of the complainant in her mother’s underwear as an aid to the offender’s sexual gratification, penetration of the complainant’s anus with a finger and penile penetration of the complainant’s vagina. The abuse “had a significant impact” on the complainant and resulted in the breaking of the bond between mother and daughter.

[24] In R v TS the applicant, after guilty pleas, was sentenced to 20 years imprisonment for counts of maintaining an unlawful sexual relationship, sodomy and rape of child who was his lineal descendant. Other sentences were imposed for offences of attempted rape and indecent treatment. On appeal, 12 year terms were substituted for the 20 year terms. The offences were committed over a six year period commencing when the victim was three years of age. The offences were “committed against the complainant at every available opportunity during the maintaining period” and continued until the complainant grew older and was able to resist the applicant’s advances. The conduct included vaginal intercourse, anal intercourse causing great pain and distress and forced fellatio. The period of maintaining in count 1 began when the complainant was under 10 and continued for six years.

[25] Both R v TS and R v HAV tend to support the subject sentence, as do R v MBG & MBH, R v ZA; ex parte A-G and R v D’Arcy. The submissions made on behalf of the appellant insufficiently acknowledged the combined effect of the respondent’s guilty pleas and his early admissions, without which some of the rape convictions would not have been secured.

[26] Of particular relevance for present purposes is the following passage from the reasons of Street CJ in R v Ellis,[7] quoted with approval by Hayne J in AB v The Queen:[8]

“This Court has said on a number of occasions that a plea of guilty will entitle a convicted person to an element of leniency in the sentence. The degree of leniency may vary according to the degree of inevitability of conviction as it may appear to the sentencing judge, but it is always a factor to which a greater or lesser degree of weight must be given.

When the conviction follows upon a plea of guilty, that itself is the result of a voluntary disclosure of guilt by the person concerned, a further element of leniency enters into the sentencing decision. Where it was unlikely that guilt would be discovered and established were it not for the disclosure by the person coming forward for sentence, then a considerable element of leniency should properly be extended by the sentencing judge. It is part of the policy of the criminal law to encourage a guilty person to come forward and disclose both the fact of an offence having been committed and confession of guilt of that offence.

The leniency that follows a confession of guilt in the form of a plea of guilty is a well recognised part of the body of principles that cover sentencing. Although less well recognised, because less frequently encountered, the disclosure of an otherwise unknown guilt of an offence merits a significant added element of leniency, the degree of which will vary according to the degree of likelihood of that guilt being discovered by the law enforcement authorities, as well as guilt being established against the person concerned.”

[27] Prior to quoting the above passage Hayne J made the following observations which are also of immediate relevance:

“Leniency is extended to both offenders for various reasons. By confessing, an offender may exhibit remorse or contrition. An offender who pleads guilty saves the community the cost of a trial. In some kinds of case, particularly offences involving young persons, the offender’s pleas of guilty avoids the serious harm that may be done by requiring the victim to describe yet again, and thus relive, their part in the conduct that is to be punished.”

Conclusion

[28] When regard is had to the mitigating factors taken into account by the primary judge and, in particular, the early guilty pleas and admissions, the comparable sentences relied on by counsel for the appellant do not support the imposition of higher sentences. On the other hand, the subject sentences are supported by the comparable sentences referred to by the respondent’s counsel. The appellant has failed to demonstrate any proper basis for the exercise by this Court of its discretion under s 669A(1) of the Criminal Code and I would order that the appeal be dismissed.

[29] WHITE JA: I have read the reasons for judgment of Muir JA and agree with his Honour for those reasons that the Attorney-General’s appeal should be dismissed.


[1] [2003] QCA 88.

[2] [2009] QCA 252.

[3] [2009] QCA 249.

[4] [2001] QCA 325; (2001) 122 A Crim R 268.

[5] [2008] QCA 370; [2009] 2 Qd R 276.

[6] [2009] QCA 259.

[7] (1986) 6 NSWLR 603 at 604.

[8] [1999] HCA 46; (1999) 198 CLR 111 at 155, 156.

http://www.couriermail.com.au/news/queensland/former-catholic-teacher-gerard-vincent-byrnes-gets-10-years-for-abuse-of-young-schoolgirls/story-e6freoof-1226007569524

Former Catholic teacher Gerard Vincent Byrnes gets 10 years for abuse of young schoolgirls

A 10-year jail sentence for a Catholic teacher and child protection officer did not reflect the enormity of the grand scale of his sexual misconduct with 13 young schoolgirls, a court heard today.

The Director of Public Prosecutions, Tony Moynihan, SC, was making submissions to the Court of Appeal in an effort to have Gerard Vincent Byrnes sentence set aside and one of up to 15 years imposed.

Mr Moynihan was appearing for the Attroney General, Cameron Dick, who had appealed the 10-year sentence on the grounds it failed to reflect the gravity of the offence, it failed to act as a sufficient deterrent, and the sentencing judge gave too much weight to mitigating factors.

In the District Court in Toowoomba last year, Byrnes, 61, pleaded guilty to 44 child-sex offences including maintaining a sexual relationship with a child, rape and indecent dealing between 2007 and 2008.

Byrnes was classed as an automatic serious violent offender and will have to serve eight years before he is eligible for parole.

He has already served nearly two years in pre-sentence custody and will be eligible for parole in 2016.

Byrnes, who had worked in Catholic schools in NSW and Queensland since 1970 as both teacher and principal, admitted abusing 13 girls aged between eight and 10, sometimes in front of his grade 4 class.

The court heard Byrnes had stopped abusing one girl as he mistakenly thought she had reported him but the girl who had actually reported him continued to be molested.

In the Court of Appeal today, Mr Moynihan said Byrnes’ offences, which had devastated both the victims and their families, should have brought a sentence at the higher end of the 10 to 15 year range.

“The sentence does not reflect the enormity of his offending of sexual misdconduct on a grand scale involving 13 girls,” Mr Moynihan said.

He said Byrnes maintained a sexual relationsip with one girl, raped five others and indecently dealt with seven others.

Mr Moynihan said the offences extended over two years during which Byrnes was the school’s child protection officer.

He said it was an abuse of power and the 10-year jail sentence did not adequately denounce the behaviour or mark deterrence.

However, Michael Byrne, QC, for Byrnes, said the 10-year sentence was adequate because there were substantial mitigating factors in his client’s favour including his early plea and genuine remorse in writing an apology to his victims.

Mr Byrne said his client had led a blemish-free life and been a productive member of the community.

The Court of Appeal reserved its judgment.  http://www.thechronicle.com.au/story/2011/02/17/court-hear-byrnes-appeal-toowoomba/

Court to hear rape sentence too lenient

17th February 2011

QUEENSLAND’S Court of Appeal will today hear legal argument that the sentence handed down to pedophile Toowoomba school teacher Gerard Vincent Byrnes was too lenient.

Byrnes, 61, pleaded guilty before Toowoomba District Court last year to 10 counts of rape, 33 counts of indecent treatment of a child, and one count of maintaining a sexual relationship with a child.

All 13 of his victims were girls aged nine or 10 and members of his Year 4 class at a Catholic primary school in Toowoomba.

The offences occurred in the class room environment in 2007 and 2008 at a time when Byrnes was the school’s designated Child Protection Officer.

He was sentenced on October 4 last year to 10 years jail of which he was ordered to serve eight years.

However, because he had already served 23 months in pre-sentence custody, Byrnes could be released from prison within six years of his sentence date.

Attorney General Cameron Dick, after taking legal advice, appealed the sentence on the grounds it was manifestly inadequate.

http://www.dailytelegraph.com.au/news/breaking-news/queensland-attorney-general-to-appeal-child-rapist-gerard-vincent-byrnes-eight-year-term/story-e6freuyi-1225942286887

Queensland Attorney-General to appeal child rapist Gerard Vincent Byrnes’ eight-year term

  • From:AAP
  • October 22, 2010 2:11PM

THE Queensland government will appeal a 10-year sentence given to a staff member found guilty of the rape and sexual abuse of students in his care at a Toowoomba school.

Gerard Vincent Byrnes, 61, pleaded guilty in April to 44 charges – 33 of indecent treatment of a child under 16, 10 counts of rape and one of maintaining an unlawful relationship with a child.

The incidents occurred while Byrnes was the child protection officer at a Toowoomba school from January 2007 to November 2008.

Byrnes was sentenced to serve eight years behind bars before being eligible for parole.

Having served nearly two years in pre-sentence custody, he could have been released in 2016.

Attorney-General Cameron Dick announced today he would appeal the sentence.

“Today I have lodged an appeal in the Court of Appeal in Brisbane against the sentence imposed on Gerard Vincent Byrnes for the offences of rape, maintaining an unlawful sexual relationship, and indecent treatment of a child under the age of 16,” Mr Dick said in a statement.

He said the grounds of the appeal are that the sentence fails to reflect the gravity of the offence, that it fails to act as a sufficient deterrent, and that the sentencing judge gave too much weight to factors of mitigation.

“I will not be making any further comment as the matter is now before the courts,” Mr Dick said.

The court will set the date for the appeal.

http://www.abc.net.au/news/stories/2010/10/04/3028981.htm

Teacher sentenced to jail for rape of students

By Sam Burgess

Updated 5 hours 28 minutes ago

A southern Queensland primary school teacher who raped and molested 13 of his students has been sentenced to at least eight years in jail.

Gerard Vincent Byrnes, 61, pleaded guilty to 33 counts of indecent treatment of a child under 12, 10 counts of rape and one of maintaining a sexual relationship with a student.

The incidents occurred while he was the child protection officer at a Toowoomba school from January 2007 to November 2008.

In the Toowoomba District Court today, Judge Sarah Bradley sentenced him to 10 years in jail.

He must serve at least 80 per cent of that time.

Appeal demanded

Queensland Opposition Deputy Leader Lawrence Springborg has called on Attorney-General Cameron Dick to appeal against the sentence.

He says the sentence is manifestly inadequate and clearly out of step with community expectations.

Mr Springborg says Byrnes will serve less than a year for each victim and the Attorney-General must appeal.

http://www.abc.net.au/news/stories/2010/10/04/3029060.htm?section=justin

Teacher’s rape sentence ‘manifestly inadequate’

By Chris O’Brien and Sam Burgess

Updated 1 hour 18 minutes ago

The Queensland Opposition has called on the Attorney-General to appeal the sentence for a Toowoomba teacher who raped and molested 13 students.

Gerard Vincent Byrnes, 61, has been sentenced to 10 years in jail for 44 sex offences.

Byrnes must serve at least eight years, but with time already served he could be eligible for parole in just over six.

Opposition Justice spokesman Lawrence Springborg says the sentence is manifestly inadequate and Byrnes will serve less than a year for each victim.

“This sentence is clearly out of step with community expectations and the Attorney-General must appeal,” he said.

“I think we had the prosecutor arguing that there should be a starting point of about 18 years and no less than 14 years.

“Certainly if you look at this sentence a lot of Queenslanders would justifiably be shaking their head.

“What we need is some real serious reform of sentencing laws.”

The court heard Byrnes, who was also the school’s child protection officer, committed the offences after asking the female victims to come to the front of the class to sit on his lap.

He also molested the girls during lunch breaks.

The court heard Byrnes was quizzed by the school’s principal about inappropriate contact with pupils but denied the allegations and continued to commit acts, including digital rape, against the girls.

Toowoomba Catholic Bishop William Morris says he hopes the sentence will start to provide some closure for the victims and their families.

“Until the sentencing has happened, even though he pleaded guilty, and then they had to wait, and it’s been deferred and so on, I think this is one step in the process of hopefully getting normality back into people’s lives,” he said.

“[It’s] a step along the way of the healing of the victims and their families.”

http://www.thechronicle.com.au/story/2010/08/13/bishop-offers-to-meet-with-families/

Bishop to meet with families

Jim Campbell | 13th August 2010

THE families of two young victims of the horrific sexual abuse scandal at a Toowoomba Catholic primary school have supported the family of another victim who say they have been forced out of town.

The Chronicle ran a front page story in yesterday’s edition telling the family’s heart-breaking story.

The father of the young girl who was repeatedly raped by her teacher, Gerard Vincent Byrnes, explained the anguish his family had been put through and the lack of support they had been shown by the school.

A parent of another victim contacted The Chronicle yesterday to show support for the devastated family. “We understand your devastation and hope that you gain some strength from knowing there are people who are willing to stand side by side with you through the most challenging of times,” they wrote.

“The families involved have shown incredible courage and resilience in spite of ignorance and ‘blind faith’ being exhibited in a very public way by certain sections of the community.

“As a parent of one of the victims, we have also chosen to relocate to try and protect our family from unwanted exposure.”

Finally, they wrote: “The pain this one man has caused is unimaginable and will remain with us for the rest of our lives.”

Toowoomba Catholic Diocese leader Bishop William Morris also issued a statement in response to the family’s claims, saying the diocese had “maintained a constant flow of communication with the school community and has offered counselling and other pastoral support” over the past two years.

“Parents and the diocese place a great deal of trust in teachers to care for children under their supervision and the actions of Gerard Byrnes were a shocking betrayal of that trust,” Bishop Morris said.

“I can only begin to imagine the suffering which has been experienced by the victims and their families, including the one referred to in the Toowoomba Chronicle (yesterday).

“Although I of course would have preferred to have directly communicated with the victims and their families sooner, the diocese was unable to do so until April this year, due to not wanting to interfere in any way with the police investigation and subsequent criminal court proceedings.

“Gerard Byrnes’ guilty plea in the Toowoomba District Court in April meant the diocese was for the first time able to directly communicate with the victim’s parents, which I did so via a letter to each parent.

“I believed a letter to the victims offering a face-to-face meeting was a more respectful way of making contact, rather than an unannounced phone call.

“. . . I offered a face-to-face meeting and I indicated I would very much like this to occur so that I could apologise personally.”

Bishop Morris said that invitation remained open and he would particularly encourage the family who spoke out in The Chronicle to contact him.

He said he wrote to the families who had not yet pursued legal claims, inviting them to participate in the mediation process that will follow Bishop Morris’ admission of liability in July.

He also said the diocese had comprehensive procedures for dealing with allegations of sexual abuse and that at the beginning of 2010, it appointed a full-time Diocesan Student Protection Officer, who is working with Toowoomba Catholic Education personnel to “heighten their vigilance for child protection surveillance”.

http://www.thechronicle.com.au/story/2010/08/12/family-forced-leave-dity/

Family forced to leave city

Jim Campbell | 12th August 2010

THE family of a young girl who was repeatedly raped by her teacher at a Toowoomba primary school say they have been ostracised and forced out of the city they once loved.

The girl’s distraught father told The Chronicle his family had been so devastated by the horrific crimes against his daughter they were leaving Toowoomba to try to piece their lives back together.

Legal action is about to be launched on behalf of the family against the Catholic Church which has admitted liability for the numerous acts of sexual assault against children at the school.

Gerard Vincent Byrnes, 61, has pleaded guilty to 33 counts of sexually molesting children, 10 counts of raping children and one count of maintaining a sexual relationship with a girl under 12.

The offences were committed against 13 different girls in classes taught by the former Catholic primary school teacher between January, 2007, and September, 2008.

The father of the young girl who will now take his daughter to a new life remembers clearly the day he first learned of the horror she went through at just eight-years-old.

It was November, 2008, and it was his wife’s birthday.

The man received a phone call from a police officer and was asked to take his daughter to Toowoomba station for questioning.

“She was fully shocked by the police interview — after that she cried a lot,” the father remembered.

He said the ongoing trauma had put terrible strain on his family, his work and his relationship with his wife.

But despite what had happened, the man said he hadn’t received a single phone call from his daughter’s school, just one generalised letter offering counselling and a series of letters from the Catholic Church as legal proceedings progressed.

“To be honest, I expected a phone call from the school,” he said.

“I am angry and upset with the school and the Catholic Education (office) because they are responsible.

“That creature was the child protection officer and he did those things to all those kids.”

The family’s lawyer, Roger Singh, a partner at Shine Lawyers, said they deserved to be compensated for the horror they had been put through.

“The aim is to bring the church to account and that we will do,” he said.

Law firm Slater and Gordon is also pursuing legal action on behalf of five families of children who were assaulted.

The principal of the school at the time and two of his superiors were sacked in December last year as a result of the sex abuse scandal.

Byrnes is due to be sentenced on October 4.

http://www.thechronicle.com.au/story/2010/07/24/pedophile-Gerard-Vincent-byrnes-to-face-sentencing/

Pedophile Byrnes faces sentencing

Peter Hardwick | 24th July 2010

PEDOPHILE schoolteacher Gerard Vincent Byrnes will be sentenced in Toowoomba District Court on October 4.

Byrnes, 61, pleaded guilty on April 14 to 10 counts of raping girls under 12, 33 counts of molesting girls under 12 and one of maintaining a sexual relationship with a girl under 12.

The offences were committed against 13 different girls, all students of his at a Toowoomba Catholic primary school, between January, 2007, and September, 2008.

However, Judge Debra Richards adjourned sentence when a medical report surfaced claiming Byrnes might have the onset of dementia which could affect the penalty imposed.

Judge Richards ordered that a neurologist’s report be compiled and put before the court.

The delay caused even more angst for the families of the victims, many of whom had attended court that day in the hope that Byrnes’ final sentencing might give them some closure and the healing process commenced.

During a mention of the matter before Toowoomba District Court yesterday, Byrnes’ solicitor Nathan Bouchier told Judge Richards that all reports had been received and the matter could now be set down for sentence.

However, Mr Bouchier said counsel briefed in the matter, Mr Brad Farr, was unavailable until the October sittings of the District Court in Toowoomba and asked that sentence be adjourned to those sittings.

Crown prosecutor Shontelle Kenny asked that the sentence date be set as early as possible out of respect for the victims’ families.

Accepting that Mr Farr should be present to represent Byrnes, Judge Richards adjourned sentence to Monday, October 4.

 Delays frustrate victims’ families:Sentencing of paedophile adjourned again

Peter Hardwick.  The Chronicle.  Toowoomba, Qld.:Jun 5, 2010.  p. 5

THERE was further frustration for the families of the child victims of Gerard Vincent Byrnes yesterday with the pedophile school teacher’s sentence adjourned again in Toowoomba District Court. Byrnes, 61, has pleaded guilty to 33 counts of sexually molesting girls under

12 years of age, 10 counts of raping girls under 12, and one count of maintaining a sexual relationship with a girl under 12.

The offences were committed against 13 different girls in classes taught by the former Catholic primary school teacher between January, 2007, and September,2008.

Byrnes was the school’s designated child-protection officer at the time.

He was due to be sentenced in April, but that hearing was adjourned after his legal team produced a psychiatric report suggesting Byrnes might have the onset of dementia.

Judge Debra Richards adjourned sentence until June 18 so a neurologist could examine all the medical material and report back to the court.

However, during a call-over of matters before Toowoomba District Court yesterday, Judge Richards was told the neurologist’s report might not be available by June 18.Judge Richards therefore delisted the sentence and adjourned proceedings for mention back in the same court on June 25 when a new date for sentence was expected to be set.Byrnes was remanded in custody.

http://www.dailytelegraph.com.au/news/national/church-warned-as-teacher-gerard-byrnes-admits-44-counts-of-child-sex-abuse/story-e6freuzr-1225853862863

Teacher Gerard Byrnes admits 44 counts of child sex abuse

  • From: The Australian
  • April 15, 2010 3:22AM
  • Teacher admits 44 sex abuse charges
  • More victims expected to come forward
  • Parents demand church hold inquiry

POLICE have warned the Catholic Church to expect more cases of child sex abuse to emerge from six schools that employed a veteran teacher who yesterday pleaded guilty to abusing 13 schoolgirls.

Former Christian brother Gerard Vincent Byrnes, 61, admitted to 44 sex abuse charges concerning students at a Toowoomba primary school, where he also served as the child protection officer.

Among them were 10 counts of raping a child under 12.

In court documents, Queensland police said they expected more victims to come forward now that Byrnes, who taught at six other Catholic schools in Sydney and Queensland, had been publicly identified.

“It is unknown how many other complainant children there are in the community as the defendant has had a long, 39-year teaching career,” police investigators said in an affidavit.

“Police expect that once this matter is before the court and the defendant is later recognised through the media, that further, more historical complainants will present with allegations of abuse of a similar nature as those of the current complainant children.”

Parents of some of the Toowoomba victims – all girls – yesterday demanded an open inquiry by the church into the past behaviour of the father of eight.

“It is what we have wanted all along, for the church to be open and honest about this person and his history as a teacher and principal,” one mother told The Australian.

“There are a lot of questions about his past. The church already failed to act when the first victim came to them, and more children were abused.”

Toowoomba bishop William Morris, who last year sacked the primary school’s principal and two senior Catholic Education officials for failing to act on a complaint by one of the first victims, said he would now inform his counterparts in the three other dioceses where Byrnes had taught, “to ensure they are fully informed in relation to this matter”.

Byrnes taught at Sydney’s St Pius X secondary school between 1970 and 1976, before moving to the Gold Coast, where he taught at Aquinas Secondary School.

He was then made deputy principal at Our Lady College, Longreach, before becoming headmaster in 1992 at St Joseph’s Primary School, Tara, and in 1994 being appointed headmaster at St Mary’s Primary School in Charleville.

In 1997, he went back to teaching at Our Lady of Lourdes School in Toowoomba before moving in 2001 to the school, which cannot be named, where he committed the offences.

A psychiatric assessment, conducted soon after Byrnes’s arrest in November 2008, described the once-popular teacher as having no “reaction of distress or of personal concern” about the allegations against him.

Byrnes’s sentencing for the sex offences was yesterday adjourned for a neurological assessment amid conflicting psychologists’ reports. One claimed he showed onset of dementia.

Last year, the principal of the Toowoomba school became the first person in Australia, and among only a handful worldwide, to be charged under laws mandating the reporting to police of any suspicions of sexual abuse involving a child.

Police launched the investigation into the school’s handling of the case after a series of reports by The Australian revealed the principal had failed to act on complaints in September 2007 from parents of a nine-year-old child about her abuse.

At the time there were other complaints from staff about the teacher’s behaviour, including his growing notoriety for enticing children to sit on his lap with the offer of lollies.

The principal later admitted it was then that he “reasonably suspected” the teacher had sexually abused at least one child and that he failed to tell police.

Read more on Gerard Byrne’s crimes at The Australian.

 

NSW man charged with child sex offences including bestiality-Gets BAIL!!!!


A man is arrested by Coffs Harbour police and charged with 21 sexual offences.

How does someone like this get bail people, honestly, how about interfering with witnesses, destroying evidence, intimidating potential witnesses? All we can hope for is that he in fact DOES DO those things whilst under extensive surveillance and further dig his hole. Which will hopefully be filled by something that has a bit more to say about it than a cow or innocent kid…

By Sean Rubinsztein-Dunlop

A New South Wales man has been charged with child sex offences, including acts involving bestiality, at Coffs Harbour on the state’s mid north coast. Be careful up there, the fact he got bail sickens me…Sure protect his name, how about everyone else? He has form, the cops want others to come forward. Take note the “Parade Photo” I posted above is NSW  Police supplied….Mongrel dog

Police allege the 53-year-old committed a number of offences against a boy while working at a dairy near Coffs Harbour between 2003 and 2005.

In court, detectives will allege that the man befriended a teenage boy then aged 13 who also worked at the dairy, and, over the course of two years, indecently and sexually assaulted him on a number of occasions.

It is alleged the man also committed sexual acts on cows and encouraged the boy to take part.

The man from Toormina, south of Coffs Harbour, was arrested today and charged with sexual assault, aggravated indecent assault, committing an act of indecency towards a person under 16 years of age in circumstances of aggravation, inciting an act of indecency, and bestiality.

Detective Sergeant Matt Zimmer says the man has been granted bail to face court next month charged with more than 20 sex offences. How does someone like this get bail people, honestly, how about interfering with witnesses, destroying evidence, intimidating potential witnesses? All we can hope for is that he in fact DOES DO those things whilst under extensive surveillance and further dig his hole. Which will hopefully be filled by something that has a bit more to say about it than a cow or innocent kid…

“It will be alleged that these offences occurred between a period between 2003 and 2005 and at that time the accused was in a position of authority over the child during the course of their employment,” he said.

“A search warrant was also conducted at the man’s residence in Toormina. Police seized a computer and a number of computer related items which will be subjected to a forensic investigation and further investigations.”

The man has been granted bail until he faces court on February 10.

The Acting Commander of the Child Abuse Squad, Detective Acting Superintendent Peter Yeomans, encouraged anyone who has ever been a victim of sexual or indecent assaults to make a report to police, no matter how long ago the incident occurred.

“If you have ever been abused, no matter what the circumstance and no matter how long ago it occurred, please contact police,” he said.

“If an adult entrusted with your care took advantage of you, they deserve to be arrested, charged and put before the courts.”

Aussie Paedophiles back up and running


Hi folks my other site to highlight sex offenders had been offline for some time unbeknown to me as I was off the internet. I discovered yesterday it was flagged by wordpress robots for spam. UPDATE  I worded that wrongly here, and in another spot somewhere I cannot find. I was meaning unknown why it was down, not that it WAS DOWN. Some people here got upset, because they had told me it was down,Im not denying that. sorry about that!, Robbo)I wrote to them and they have unlocked the site. Needs updating but here is the link (also in menu at top)
http://aussiepaedophiles.wordpress.com/  now called http://aussiesexoffenders.wordpress.com/ to encompass all sex offenders

see correspondence below.If you have any troubles follow instructions as advised below!

Name: Robbo
Email: aussiecriminals@gmail.com
Website: http://aussiepaedophiles.wordpress.com
Comment: Hi I have been away but my members wrote to me saying the above site had been blocked/removed.

It is/was a site to highlight convicted pedophiles here in Australia as a service to the community.Many people have contacted me wanting to know why the site that warned others about the criminals who had abused them or their children had disappeared. They think I removed it, which is  NOT the case

WE put a lot of work into it.If there is a problem that can be rectified please I implore you to look into it and let me know how I can get it back live again please

Hi there,

Thank you for getting in touch. Your site was flagged by our automated anti-spam controls. We have reviewed your site and have removed the suspension notice.

Please be sure to clear your browser's cache and, if necessary, restart the browser.
http://en.support.wordpress.com/browser-issues/#clear-your-cache-and-cookies

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