The Ballarat man (whom The Courier has chosen not to name) was charged with indecently dealing with a child aged under 16 in Ballarat between 12 May and 24 October 2015.

The court heard that the accused had separated from his partner and son but had access visits with the boy every second weekend and a designated day during the week.

The court was told the accused had messaged his son via a mobile phone, sending multiple text messages and videos, talking about and encouraging masturbation.

The Crown Prosecutor stated that during access visits when the victim was aged 11 and 12, the boy had slept at the accused’s residence but had his own room.

During these visits between May and October 2015, the court heard the accused had touched the boy’s genitals over his clothing and pyjamas, “wiggling it and playing with it.”

The charges “encompassed a number of times this had occurred, when the boy was aged 11 and 12,” the Crown stated.

The text messages, obtained from the victim’s phone, were submitted to police. When interviewed on 1 August 2017, the accused said the charges “were a load of sh*t … it’s all lies.”

Defence lawyer, Mr Simon Tan said his client suffered from epilepsy and was on medication and had already served 42 days in custody.

He said the man had experienced an “unsettled childhood with domestic violence, a father in jail moving frequently and a of schools.”

“Your client is in deep trouble,” Judge Geoffrey Chettle said.

“This offending goes on a number of times and it’s against his own son, but he’s denied it and says he doesn’t remember. It’s not something you forget.”

“It’s strange and aberrant behaviour … it’s his own kid. This is a serious breach of trust from someone you are supposed to be able to trust.”

“The whole point of this is whether a custodial sentence should be imposed,” Judge Chettle said.

Mr Tan said the accused had an acquired brain injury from a fall during an epileptic seizure.

In sentencing, Judge Chettle said he had taken into account the accused’s significant “cognitive impairment and epilepsy” and imposed a sentence of 42 days jail, deemed already served, and an 18-month supervised Community Corrections Order (CCO), with special conditions requiring completion of a drug rehabilitation and sex offender treatment programs.

He ordered the man be placed on the Sex Offenders Register for eight years as a Class 2 offender and directed he must complete 100 hours of unpaid community work.

“You need to understand it was touch and go whether you went to jail,” Judge Chettle told the man.

“I don’t believe a lot of what you have said and, if you come before court again you will go to prison.”

“If he breaches this CCO he’s back before me and he really does not want to see me again,” Judge Chettle said.

The victim’s mother, who was in court, broke down and was visibly distressed at the sentencing outcome.

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