Rex Martinich
The first person charged with misusing a landmark public sex offender registry has been spared jail after he scrolled past messages warning him not to publish identities from the website.
Brian Allan Smith faced Ipswich Magistrates Court on Wednesday and pleaded guilty to accessing Queensland’s registry and publishing information about a sex offender.
The 47-year-old was charged after Queensland set up Australia’s first public child sex offender register under legislation honouring abducted teen Daniel Morcombe.
The child protection register was made available online from December 31, providing access to the photos and locations of sex offenders.
Smith posted identifying information on social media that he had applied for despite the website warning that doing so would be an offence.
A member of the public told police on January 2 that information from the registry had been posted on a Facebook community group, a police prosecutor told magistrate Leanne Scoines.
“Third time this post has been taken down. I have been suspended from other groups for the same post but this face needs to be recognised,” Smith posted on Facebook.
“He is scum and shouldn’t be living in the community. Please keep an eye on your children. He is listed on the new Daniel’s Law website.”
Anyone in Queensland wanting details of sex offenders in their area must submit an application including their own identification and address.
Court documents obtained by AAP stated the offence occurred at Lowood, east of Brisbane, on January 1 – the day after the sex offender site went live.
Smith told police he did not realise he was committing an offence, Scoines heard.
“He did not read the document and scrolled directly to the image,” the prosecutor said.
“He stated he didn’t intend any harm or harassment to be directed toward the reportable offender and felt he was doing the community good by making them aware.”
Smith’s solicitor said Smith was remorseful, and his offending was out of character and misguided.
Scoines told Smith he obviously felt very strongly that the information should be public. But there were practical reasons against it, including to encourage child sex offenders to keep their registry details updated.
“It is vigilantism to take the law into your own hands in this way and press on despite [the posts] being taken down three times,” she said.
Smith was handed a $700 good behaviour bond for six months and no conviction was recorded.
The sex offender website was created under Daniel’s law, named for 13-year-old Daniel Morcombe who was abducted and murdered in December 2003 on Queensland’s Sunshine Coast by a serial child sex offender.
The Daniel’s law website states it provides applicants with details of “reportable offenders who have a history of repeat child sex offending or have been considered to be a high risk to children in your residential area”.
AAP