A WARRNAMBOOL magistrate has told a convicted sexual offender to consider leaving town.
Douglas Norman Povey, 68 of Coleraine was yesterday given a nine-month suspended sentence after he was found guilty of three indecent acts with a child under 16.
The victim’s evidence was given in a closed court on Wednesday. But a victim impact statement tendered to the court and read aloud by magistrate Andrew Capell heard the 14-year-old male was traumatised by Povey’s offences that took place on February 20, 2013 at the accused’s former Gage Street home.
“I often find myself when walking looking behind me,” the magistrate read.
“It’s affected my performance at school ... and I find it hard to trust other men.”
Povey pleaded not guilty.
Magistrate Capell said the youth’s evidence showed the long lasting impact of Povey’s actions.
“I am sure your life in the town will be forever besmirched by this,” he said.
Defence counsel Alan Marshall said Povey had spent his entire life living with his parents and had not had any partners or children. He said his client was now living in a low care facility in the Coleraine township.
However, the magistrate quickly rejected the accused’s living circumstances.
“He’s been described as a lonely old man, but he’s not being charged with loneliness,” he said.
The magistrate suggested Povey consider leaving the community.
“You might think he may want to consider getting out of town,” he said.
In sentencing Povey, Mr Capell acknowledged the accused’s chronic cardiac failure and that jailing him could equate to capital punishment.
But he said he found no signs of remorse in the accused.
“Young people have a right to feel protected, they have a right to feel they can trust older people ... you breached that trust,” Mr Capell said.