Convicted rapist faces court after failing to report to cops
A KINGAROY man convicted of raping a 17-year-old girl and sexually groping a 12-year-old girl found himself back in court after failing to report to police under the child protection offender registration legislation.
Joshua Skvaridlo faced Kingaroy District Court after he 'forgot' to report to the Kingaroy police station for his periodical quarterly report as part of his prior sentencing.
The court heard in October 2014, Skvaridlo faced Kingaroy District Court on charges of indecent treatment of children where he was sentenced to a 12 month suspended prison sentence, suspended for two years and 18 months probation for sexually groping a 12-year-old.
The court also heard in August 2018, Skvaridlo was sentenced to five years imprisonment, suspended for five years after serving 20 months and six months pre sentence custody for the rape of a 17-year-old.
Crown prosecutor Alex Stark made reference to the judges sentencing remarks regarding the rape charge Skvaridlo pleaded guilty to in 2018.
"That involved the rape of a 17-year-old," Prosecutor Stark said.
"Effectively was a penile vaginal rape by stealth as it's sometimes described where she had consumed alcohol, went to sleep and woke up with him on top of her performing the act of rape.
"He himself was of course very intoxicated."
In February, 2020, Skvaridlo failed to complete his periodical quarterly report, risking the activation of his suspended sentence.
Crown prosecutor Stark said although it's concerning, it's of a different magnitude.
"He failed to complete his periodical quarterly report in the month of February and so he failed to comply with that," Crown prosecutor Stark said.
"However he attended for his quarterly report in May. He attended the Kingaroy police station and told them he forgot to complete his periodical report and was aware of his obligations.
"The Crown characteristically takes a robust position for failing to report under the child protection offender registration legislation, so on the face of it he potentially has exposed himself to serving the whole of the suspended sentence, or activating the whole of it, however it's of different magnitude.
"I am effectively conceding that it's open to your honour to not activate the whole of it."
Defence lawyer Catherine Cuthbert appeared for Mr Skvaridlo instructed by J.A. Carroll Solicitors.
Mrs Cuthbert said she would be submitting that Mr Skvaridlo be sentenced to the rising of the court.
"At the time that he missed the reporting, he was itinerant and homeless, which is not unusual for people who have spent time in custody," Mrs Cuthbert said.
"It takes them a while to re-establish themselves in the community and as your honour would be well aware when people don't have stable housing for them to have the rest of their affairs in order is difficult.
"It's my submission that what saves Mr Skvaridlo is his attending upon the police station and offering that he forgot and also his current circumstances."
Mrs Cuthbert said Mr Skvaridlo currently lives and works on a rural property in Ballogie where he helps a couple in their 70s with caring for their horses and particularly heavier work around the property.
"My submission is that the concern with a short period of imprisonment is that he loses his accommodation and stability and is put back in the position where he was for the original breaching offence."
District Court judge Geraldine Dann said while the offence was concerning it was of different order of magnitude to the underlying offence.
"Under section 147 of the penalties and sentences act, I'm required to order you to serve the whole of the suspended sentence of imprisonment unless I'm of the opinion it would be unjust to do so," Judge Dann said.
"In your circumstances, I do regard it would be unjust to order you to serve the whole of your suspended sentence of imprisonment.
"The nature of the offence being a failure to report in circumstances where you are itinerant coupled with the fact that there are no subsequent offences and the genuine efforts you've made to establish yourself in a place which gives you secure accommodation and want to take work suggest to me the subsequent offence should be regarded as trivial in the all of the circumstances.
"I'm sentencing you today for breach of your term to the rising of the court and not further imposing any sentence thereafter."