A man who masturbated in front of a friend's 11-year-old daughter was sentenced in the Bendigo Magistrates' Court on Friday, May 24.
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Luke Patrick Vanstryp, himself a father, was 47 at the time of the offending, in October 2022, pleaded guilty to intentionally engaging in a sexual activity in the presence of a child under the age of 16.
The court heard he and his wife and three children had been staying in a holiday cabin with another adult and her daughter, and on Saturday evening Vanstryp was drinking while playing Uno and watching Star Wars with the 11-year-old.
According to the police, when the other adults went outside for 10 minutes Vanstryp walked to the bedroom, pulled down his tracksuit pants and then lay down on the bed and started to masturbate while looking at the girl.
A short time later, the police said, the girl told her mother what had happened and the other adults confronted Vanstryp, who then apologised and left on his bike.
The next day Vanstryp went to the Dandenong Police Station, where he was interviewed and admitted to what he had done.
He had "got aroused and couldn't control himself", he told the police, and had intended for the girl to see him.
The court heard the girl's mother had been very distressed when she read a victim impact statement at an earlier appearance, and the entire family, particularly the girl, had experienced significant trauma as a result of the event.
Vanstryp had been responsible for 'the care of his friend's child'.
Defence lawyer Robert Morgan referred the court to a psychological report detailing his client's bipolar condition, telling Magistrate Sharon McRae the symptoms of the illness had been present at the time of his offending and were again present at the time of sentencing.
Mr Morgan stressed Vanstryp's cooperation with police and the fact that he was remorseful.
"There's no suggesting of him downplaying it at all," he said.
The court heard Vanstryp had lost his marriage as a result of the crime, although he had now resumed some contact with his children.
Vanstryp, who had stable employment as a storeman and no relevant prior convictions, had not drunk alcohol since the event and had undergone drug and alcohol counselling and attended AA meetings, his lawyer said.
Magistrate Sharon McRae noted that his medical history showed Vanstryp had on several occasions been held overnight for medical supervision as a result of manic and psychotic symptoms, and said she accepted his bipolar condition was a factor in his offending, making him "impulsive at the time without regard to much else".
He had also repeatedly expressed remorse and taken "voluntary measures" with regard to his mental illness and alcohol use, however, general deterrence loomed large in sentencing him, the magistrate said.
The victim was "a vulnerable 11-year-old girl in a family setting" and Vanstryp had been responsible for "the care of his friend's child".
Ms McRae sentenced him to three months jail and a two-year community corrections order, and placed him on the state's sex offenders' register for eight years.
However, Mr Morgan then successfully appealed the sentence, and Vanstryp remains free pending an appeal.
