DPP v Flynn [2019] VCC 1232

Sentence summary: child sex offence

A babysitter who sexually assaulted his friend’s two young children was jailed.

David Flynn, 37, was found guilty by a jury of two charges of committing an indecent act with a child under 16.

The offender was sentenced to 15 months jail with a non-parole period of nine months.

The offender was due to babysit the two young daughters of a friend, who were aged six and nine years old at the time.

After being dropped off at their family home late one night, the agreement was that the offender would come into the house, left unlocked for him, and sleep on the couch.

The Court heard the offender entered the home and then proceeded to go upstairs into the bedrooms of the two young daughters and got into bed with each of them.

He put his hands down their pyjamas, stroking their back, buttocks and vaginal areas.

The young girls alerted their mother, sleeping nearby. However, the offender fled interstate before police could formally charge him.

The presiding judge said it was important the sentence set denounced the offending as well as deterred others from committing a similar act.

"This is particularly so where, as in this case, a serious breach of trust has occurred as you were a trusted friend of long standing," the judge said.

In mitigating the potential sentence, the sentencing judge said the offender’s poor health which was mainly due to back issues, was a significant factor. This would make any prison stint more burdensome.

There was also delays to the Court proceeding and the offender had limited prior convictions.

The victims and their mother provided the Court with statements that highlighted the ongoing effects of the offending.

"These grown women have had to endure the sadness of watching the recordings of themselves as little girls describing to the police what happened, which caused them to relive the trauma," the judge said.

The offender was placed on the Sex Offender Register for 15 years.

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Page last updated: 26 August 2020