FILE SHOT: Bundaberg court house Photo: Zach Hogg / NewsMail
FILE SHOT: Bundaberg court house Photo: Zach Hogg / NewsMail Zach Hogg BUN110814CRT3

Man accused of rape refused bail

A 49-YEAR-OLD man described by a judge as a "deviant" with an appalling history of committing sexual offences against women has been remanded in custody.

An application for bail was heard in the Bundaberg District Court on Friday by the Bundaberg man, who has been committed to stand trial on two counts of rape.

The application came less than 24 hours after the accused was found not guilty of 12 counts of having sex with an intellectually impaired 16-year-old.

Judge Michael Burnett said the accused also had an intellectual impairment which he felt hindered the accused's ability to control his impulses.

"I am concerned about the risk to the community of him being at large," he said.

"I do think he is a deviant.

"He understands consent and not consent, but doesn't understand the grey areas between."

Judge Burnett said the accused had a "predatory quality about him" and he was concerned the accused associated with socio-economically disadvantaged.

In opposing bail, Crown prosecutor Mel Wilson said the accused's history of offending showed a "continuing pattern of violence of one form or another against women".

"He is a serial rapist in my submission," she said.

Ms Wilson said the accused was first convicted of rape in the Bundaberg Supreme Court in 1998 for raping a woman he was in a relationship with.

She said when the accused was 26 he was then convicted of attempting to rape a 16-year-old who was babysitting his child.

She said the facts of that incident were that the accused had been at the hospital with his partner who was giving birth to the couple's second child but returned home during the night.

Ms Wilson said the victim had stayed the night at the accused's house and woke up to find the man on top of her and touching her breasts.

Ms Wilson said another entry on the accused's history included a conviction for six counts of rape in 2006, against two complainants, including the accused's then partner.

But defence lawyer Kim Bryson argued that the judge needed to consider the evidence in this matter.

She said the alleged raped was not reported until about 10 months after the incident and the alleged victim went shopping with the accused after the alleged rape.

But Judge Burnett said he felt the crown's case was strong and ruled the accused posed an unacceptable risk of re-offending.


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