Curra rapist's jail time almost served already: judge
RAPIST, child porn and underage sex offender Scott Nathan Gilby had already served almost all his actual jail time when he finally appeared in Gympie District Court on Friday.
Gilby, 35, of Curra pleaded guilty in Gympie District Court to two charges of rape, two of indecent treatment of a child under 16 and possession of child pornography, as well as a list of drug and utensil offences and breaching bail.
Judge Glen Cash said his brief summary of Gilby's offending was not intended to "trivialise or minimise" the seriousness of Gilby's "appalling berhaviour", "particularly the offences of rape, which are clearly the most serious."
Judge Cash said Gilby's offending started in 2015, when he reported his laptop stolen.
Eventually it was recovered by police who found 368 child porn images, including 38 which fell into "the worst category" and about 20 movies.
"When police were searching where you lived in May 2016, they found a 15-year-old girl in your caravan.
"She said she was in a relationship with you.
"On your phone they found images of (her) exposing her genitals." They also found one of Gilby touching her intimately, "the basis of a charge of indecent treatment of a child."
Released from jail in 2016, he next offended on March 31, 2018.
"On that occasion, the 16-year-old complainant was at your caravan with her girlfriend, it seemed both of them then smoked cannabis, and that's the subject of (the charge of) permitting your premises to be used (for a drug offence).
"She fell asleep. She woke to find you touching her genitals," Judge Cash said.
Digital penetration accounted for the first charge of rape.
"You then had sexual intercourse with her, despite her resistance, both physical and vocal. That's count two."
Gilby had apologised, including by text message.
The judge described the offences as "a terrible breach of trust, that you would abuse a young girl in a vulnerable position (marks) your conduct as conduct which deserves to be condemned and which ought to attract a substantial period of imprisonment."
He jailed Gilby for six years, with eligibility to apply for parole after two years, but noted Gilby had already served one year and 11 months on remand.