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Court throws out child abuser's suspended sentence - 23 April 2009

Court throws out child abuser's suspended sentence23 April 2009


An appeals court has increased the penalty given to a man who sexually assaulted a four-year-old girl.


Twenty-four-year-old Ronald Dean King was originally given a two-year suspended sentence for having sexual intercourse with a child under 10, after he broke into the girl's home north of Grafton in 2007 and sexually assaulted her as she slept.

But today the Criminal Court of Appeal quashed the suspended sentence and instead sentenced him to a non-parole period of four-and-a-half years in jail.

The Director of Public Prosecutions had appealed against the leniency of the sentence.

King has already served 14 months in jail and will be eligible for parole in May 2012.

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There are occasions when the law corrects itself. When the evidence is definitive it is appropriate that the children in the community be protected from errant behaviour. The challenge for the courts is to ensure that evidence based judgements outcomes prevail. With recent a Magellan judgement it is evident that custody is not assured to a parent who would use a child for their purposes. Surely though evidence of sexual abuse is difficult to defend against.

Mackillop & Jell [2009] FamCA 191 13/03/2009 http://www.familycourt.gov.au/wps/wcm/resources/file/eb501d0c076298c/2009_FamCA_191.pdf

FAMILY LAW CHILDREN MAGELLAN Competing residence application Magellan matter based on mother's allegation that father had sexually abused the child finding of no unacceptable risk child 6 years old at time of decision and had not seen father for preceding 20 months  finding that mother would not permit child to have a meaningful relationship with the father finding that mother's behaviours to or affecting child around her allegation that child had been abused amounted to emotional abuse by mother of the child residence reversed   child separated from younger sibling father to have sole parental responsibility with mother to spend regular time with child


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
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