Former Gympie nurse guilty of indecent act with boy
CONFESSED child sex offender and former Gympie nurse, Kaja Francesca Drake, has walked smiling from Gympie District Court after serving 166 days in pre-sentence custody.
Judge Gary Long took into account time served and sentenced Drake to another 12 months, suspended to hang over her head in case she re-offends within the next two years.
Drake, 50, left the court holding hands with one of two male supporters.
The court was told she had attempted suicide, sold her Gympie house at a loss and moved to Toowoomba, since a drunken incident involving a 12-year-old boy.
Judge Long said Drake posed with the boy in a "sexualised" way, while her co-accused, Andrew Mark Hugh Dickeson, 43, took photos on his phone.
Drake pleaded guilty to indecent treatment of a child under 16 on February 21, 2015 at her Gympie home, where she lived with Dickeson.
"The offence involved you and your preparedness to pose for photographs with a 12-year-old boy, posing in an obviously sexualised manner," Judge Long said.
"You were well aware your co-accused, whom you married, was not just a previously convicted offender in relation to children, but was subject to reporting requirements.
"I note the marriage is now the subject of divorce, that your involvement caused psychological difficulties and that you had in the past demonstrated some instability."
The court had been told that Drake, a diabetic nurse, had attempted suicide in the past.
Her defence representative told the court that Drake did not recall the incident and the prosecutor said she had tended to downplay her involvement.
Judge Long's sentencing remarks included an observation that Drake had "failed to recognise" her own involvement.
"Although you have pleaded guilty, your earlier plea of not guilty required the child to give pre- recorded evidence," the judge said.
He said Drake lacked "relevant prior criminal history," but took into account a sentence for breaching a bail condition.
The court was told Dickeson was found in possession of 11 movies and 2133 images containing child exploitation material.
He directed photos provided as exhibits be placed in a sealed envelope, not to be opened except by order of a judge.
In a request the judge described as unusual, Dickeson asked that photos of his wedding to Drake be returned to him from a confiscated computer, but the court was told Drake was happy to see them destroyed.
She sat separately from Dickeson, who was in the dock while she sat to one side, so the two could not see each other.
Dickeson, 43, was remanded for for sentencing on Wednesday.
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