A former Saint Patrick’s College teacher will be able to walk free next month following his successful appeal on sentencing over a historical sex charge.
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Gavan Dunn, 62, lodged an appeal in August over his conviction and sentencing on a charge of indecent assault committed in 1981. Police alleged he assaulted a 14-year-old student while on a cadet camp at Singleton by touching the boy’s penis.
On August 8, Goulburn Local Court Magistrate Geraldine Beattie sentenced him to 20 months’ prison with a non-parole period of 14 months.
In Goulburn District Court on Monday, Judge Geoffrey Graham confirmed the conviction and 20-month term but reduced the non-parole period to three months. It is subject to intensive supervision and guidance of the Community Corrections Service, including rehabilitation programs.
Judge Graham said he took into account the objective seriousness of the crime, the fact that criminal sentencing laws that applied to the offence at the time had since been repealed and there was no comparable offence in current legislation, and a pre-sentence report which concluded positive prospects for rehabilitation.
Dunn was convicted in the Local Court of indecent assault despite his not guilty plea. He was accused of touching a boy’s penis for “a matter of seconds” after the student went to the first aid tent Dunn was manning at the camp, complaining of stomach cramps.
The court heard Dunn had lifted the boy’s shirt and reached through two layers of clothing to do so. The boy had “tensed up, gave a negative reaction” and Dunn then told him to leave the tent.
Judge Graham said the complainant had not gone to police until recent years. During interview, Dunn had made “general admissions” but denied touching the boy’s penis and could not recall administering him first aid. Further, Dunn had been unresponsive when shown a photo of the boy in the College year book.
On Monday, solicitor Steve Edwards argued his client was at low-risk of re-offending. He said Dunn had been convicted of child pornography possession and dissemination in 2011, 2014 and 2016 in Queensland and NSW but the 1981 matter was the only offence of a sexual nature on his record. He was also listed on the child protection register at the time of his 2016 conviction. Police arrested him in Silverwater Prison for the 1981 indecent assault in June, 2017, while serving time for the 2016 offence.
Mr Edwards acknowledged Dunn was in a position of authority as a teacher when the assault occurred. He told the court his client had also been abused while training for the seminary, which had an impact on his life. He subsequently became a lay teacher. Dunn was 25 when the assault occurred.
Mr Edwards tendered a 2016 pre-sentence report which he said showed Dunn had attended and benefited from rehabilitation programs imposed as part of his previous parole. Dunn had also expressed a willingness to continue these sessions following release.
“My respectful submission is that with a community supervision order and the support of his family, he is unlikely to re-offend,” Mr Edwards said.
But Crown prosecutor Samantha Knox described it as a “deliberate act by a person in a position of trust”.
She argued the total examination had lasted a significant period, it was “skin on skin contact” and the experience had a lasting impact on the victim.
“The Crown submits that the sentence is appropriate,” Ms Knox said.
Judge Graham said it was an “opportunistic offence” in which Dunn abused his position of authority. He spoke of the victim’s inability to tell anyone until years later and the impact this had on his relationships with people.
“It can properly be accepted that this incident had a continuing impact on the complainant’s life, including his inability to further disclose the matter,” he said.
But the judge said the court must also consider the level of seriousness against the maximum prison term of the time and the circumstances. He said the offence was not in a higher category of seriousness in the old legislation and cited a pre-sentence report which concluded Dunn was a low to medium risk of re-offence but was benefiting from rehabilitation programs.
Dunn had served several prison terms in which he had realised the penalty for sex offences and had done so at a late age, he said. He cited the fact Dunn remained on the child protection register and the restrictions this put on his movements, which he acknowledged were also there to protect the community.
“There would seem to be a need for continuing supervision to ensure he makes good on his promise to receive treatment from a psychologist,” he said.
He reduced his non-parole period from 14 to three months, subject to strict supervision and that he attend the programs. Dunn will be eligible for release on November 6, given time already served.
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