Man tried to lure girl 'for sex'
A LISMORE man who tried to lure a little girl away from a neighbour's home with the intent to commit a sexual assault has avoided a jail sentence because of his well-documented mental health problems.
In agreed Crown facts the disability pensioner, 36, repeatedly walked into the eight-year-old girl's yard on December 1, 2007, after watching her hanging out clothes on a washing line.
He had first entered the backyard of her next door neighbour after climbing over a fence.
The home's resident spotted him loitering near the Hills Hoist holding a bunch of flowers and called out to him.
The man replied he was 'picking flowers' and left, but he later returned to the yard and asked the child to go home with him but 'don't tell your mother'.
However, the girl walked back inside her house to her mother who came out and spoke to him.
The man walked off then later returned to the girl's yard at least twice that same afternoon before police were called and went to his home.
“I know what this is about. I know. I did a silly thing,” he told the officers.
“I just went into the yard and I asked her to come out. I just had an urge.”
The man denied he was going to sexually assault the girl but told police of his intentions.
He pleaded guilty to attempting to take/detain a person with intent to obtain an advantage - sexual gratification.
His legal representative, public defender Chris Bruce, said it was important that any sentence include the supervision of his client.
Judge James Black said it was a matter where everybody got a fright but fortunately nothing actually happened to the girl.
After consideration of medical and mental health reports, the 12 months the man spent in custody up to December 2008, and the subsequent nine months he has spent this year under the supervision of Probation and Parole in western Sydney, Judge Black placed him on a supervised good behaviour bond for two years to be monitored by the Probation and Parole Service.
Judge Black said he had to ensure the community was protected but it was the 'openness' of the offender that provided justification to the charge and he was entitled to credit (in sentencing) for that.
Judge Black said the man's mental health issues were now being successfully managed, he was doing well and taking his medication but it was necessary he continued to be supervised because if left to his own devices with regard to his mental health he may find himself in trouble.The man replied he was 'picking flowers' and left, but he later returned to the yard and asked the child to go home with him but 'don't tell your mother'.