Church child sex offender avoids jail

EXCLUSIVE

WARNING: Graphic content

A man who sexually touched two young girls at a church, telling one of them “not to tell anyone”, won’t spend a day behind bars after being ruled an “inappropriate vehicle” for general deterrence by a court.

Jonathan David Kidby, 27, was sentenced in the NSW District Court after pleading guilty to four counts relating to two victims he met at his local church between 2017 and 2020.

On one occasion, Mr Kidby was alone with one of the girls in the church’s main auditorium.

He pulled her onto his lap and placed a blanket over them before putting his hand inside the girl’s underwear and touching her genitalia.

On another occasion during Sunday school, Mr Kidby took the young girl onto his lap and pulled his pants down. He touched his penis while she was on top of him before telling her “not to tell anyone”.

He was 22 at the time.

Mr Kidby also touched one of the girls while at her home – as their families were friends from church.

He asked the victim to sit on his lap to watch a movie in the living room before placing a blanket over them, pulling down her underwear and touching her bottom.

The court heard how he was caught after one of the girls told her mum in October 2019: “Johnny likes pulling my pants down.” In February 2022, the other victim told her mother what Mr Kidby had done after being asked if Mr Kidby had “ever done anything that made her uncomfortable”.

He was charged in September 2023 and was given bail.

The case was initially due to go to trial, however, Mr Kidby struck a plea deal with police and pleaded guilty to four charges; two counts of intentionally sexually touching a child under the age of 10, committing an act of indecency with a victim under 10 and indecently assaulting a person under 16 years of age.

Judge Grant Brady SC opted not to put Mr Kidby in full-time custody as he believed he was an “inappropriate vehicle for general deterrence” due to the fact he has autism and a “mild intellectual disability”.

“I accept that his mental health impairment contributed to his emotional attachment to children,” Judge Brady ruled.

“It contributed to his sexual behaviour coming from a place of loneliness, and complete naivety around the rules of sexual behaviour, it led to him not having a proper understanding of the inappropriateness of his behaviour.

“I am not suggesting he did not know what he was doing was wrong. However, his ability to reason was compromised by his mental health impairment.”

However, Judge Brady said that his mental health impairment was “not such” that it presented a “danger to the community” and pointed out the offending was “five plus years ago”.

“Not only has he not offended since that … but it seems clear he has the ability to live a law-abiding life, notwithstanding the fact that his mental health impairment does make him more vulnerable to impact.”

Judge Brady also noted that the offending was of “short duration” and that Mr Kidby was bullied throughout his schooling life.

He said he worked at a fish restaurant after Year 12 and did volunteer work on youth missions, however, was now unemployed and on Centrelink.

Mr Brady’s lawyers provided reference letters from his parents and his brother.

“His family really is his only support within the community,” the court heard.

He was sentenced to a three-year community corrections order, requiring him to undergo a sex offender course, complete 200 hours of community service work and continue seeing a psychologist.

At the end of the sentence, Judge Brady said his finding was to in no way “diminish the trauma to the victims”.

“It does not diminish their courage in speaking out about what the offender did to them, and it does not diminish their courage in being prepared to come to court,” he said.

“I recognise and take into account the harm that has done been done to them.”

Mr Kidby and his family have been contacted for comment.

Is there a court case you think we should be covering? Contact our reporter sarah.keoghan@news.com.au