Teen who sexually assaulted 10yo girl in Mackay has convictions recorded after appeal

A teenager who broke into a family home and molested a 10-year-old girl will now have convictions on his criminal record, after an appeal judge ruled the original sentence did factor in community benefit.

The teen, who cannot be named for legal reasons, was 17 when he removed the fly screen from a kitchen window and broke into the home in 2024.

He pleaded guilty in the Mackay District Court in June 2025 to four charges, including burglary, indecent treatment of a child under 12, stealing, and threatening violence at night.

He was sentenced to two years' detention, suspended immediately, and two years' probation with no convictions recorded.

Queensland Attorney General Deb Frecklington appealed the sentence on the grounds that it failed to "properly reflect" the seriousness of the offending.

Today, Supreme Court Justice David Boddice allowed the appeal and ruled that convictions be recorded on all four counts, but found the sentence had not been unjust.

Original sentence

During the original sentencing, Judge John Allen KC said the teen had entered an early guilty plea and had suffered "profound disadvantage" throughout his life.

A forensic report found his parents had "significant" substance dependencies, which compromised their ability to care for their children.

It also heard there was an extensive child protection history, including concerns the teenager had been sexually abused by adult males.

He also weighed the impact of the teenager spending 330 days in pre-sentence detention, and his age at the time of the offending.

Judge Allen said he would exercise his discretion to not record convictions.

"You are being given a chance today favouring your rehabilitation by the sentencing orders I have made," he said.

Court of Appeal records convictions

However, Justice Boddice ruled today that the decision had not adequately factored in the benefit to the community from recorded convictions.

"This conclusion particularly arises when regard is had to the respondent's poor response to treatment and supervision to date and his high risk of sexual re-offending," he said.

Justice Boddice noted the teenager had faced court five times prior to the current offences.

"Whilst the respondent was young and recording convictions will have an effect on the progress of future rehabilitation, the greater benefit to the community is that convictions be recorded," he said.

Family safety violated

During the original hearing, Crown prosecutors said the teenager entered the young girl's bedroom and assaulted her, running out of the house when she resisted and screamed for help.

He then stole mobile phones belonging to her parents, which were later tracked by police to an address where he was found hiding, the prosecution said.

The court heard after being released by police later that night, the teen threatened the father of the 10-year-old, saying he would "pop him" with his "Winchester" because he had called the police.

In a victim statement, heard by the Mackay Children's Court, the family said their sense of safety had been shattered, and they had "suffered traumatically" because of the teen's actions.

The court heard the teenager had five separate appearances in the Children's Court of Queensland between 2023 and 2024.

When he was aged 14, he pleaded guilty to attempting to rape a woman he had followed while she was out on a walk in March 2022.