A SINGLETON teacher who indecently assaulted one of his students in 1989 has been sentenced to an 18-month suspended jail term in Newcastle District Court.
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Michael Patrick Beh appeared in court on Friday for sentencing after pleading guilty to one count of indecently assaulting a person under authority, which carries a maximum penalty of six years in jail.
Beh, now 62, was teaching a boy – then aged nine or 10 – when he placed his hand up the boy’s pants leg and fondled his genitalia, the court heard. Beh continued to teach at the school for more than 20 years before retiring.
“While the factual material contains some allegations that he touched the lad on more than one occasion there is but one count on the indictment and I am not entitled to take into account the other matters other than the point of view of saying that it can't be said that this was a one-off offence,” Judge Roy Ellis said.
Judge Ellis said he was also required to sentence Beh in “accordance with the sentencing principles that existed in 1989”, when the sentencing regime was significantly more lenient.
“There is little room for personal deterrence, bearing in mind that he desisted voluntarily in his offending against this lad and has not re-offended in the last 27 years,” Mr Ellis said.
“Mr Beh in fact when first spoken to by the victim readily admitted his offence and apologised to his victim.
“When spoken to by the police he entered into an electronically recorded interview and made full admissions.
“That he readily acknowledged what he had done and apologised for it is not the normal course that these matters take.
“Generally speaking there is a denial.”
Judge Ellis sentenced Beh to an 18-month suspended sentence and ordered him to accept ongoing psychological assistance.
“This is not an easy sentencing matter,” Judge Ellis said. “Because, on the one hand, sending this man into custody would certainly be a punishment to him.
“But on the other it seems to me to be in the long-term interests of the community to proceed in a way other than sending him into custody for a few months, that would only protect the community for the few months that he is in custody.
“If I place him on a suspended sentence for 18 months the community is likely to be protected for at least that period and, if in fact the rehabilitation is effective, the community would be protected for the balance of his life.”
My abuser may be slightly inconvenienced by his conviction but my life has been blighted by his abuse
- Tom
The victim Tom* is now 37 years of age and, commenting on the sentencing, says he feels some relief that his abuser has, at long last, been convicted.
“Perhaps I would have preferred to have seen a custodial sentence but at least now his abuse is on the public record and I can hopefully move on with my life,” he said.
Tom first reported the matter to Police nine years ago.
However, after not getting much of a response, and learning Mr Beh had been elevated to the position of Deputy Principal at the school in 2012, he felt compelled get further legal advice.
Tom told The Singleton Argus at the time of the abuse he didn’t understand why this was happening to him.
“I just dreaded coming to school and was completely confused. Looking back now I can see he wanted me to be his best friend and used grooming methods so I wouldn’t tell anyone what he was doing to me,” he said.
“If it was happening to me it was probably happening to other students and that’s my biggest concern and fear.”
Eventually, Tom’s family moved away and that solved the immediate threat of abuse.
But, it didn’t solve the impact the abuse had on his life.
“It ate away at me for many years until I was falling apart, crying all the time not coping and then aged 25 I told my mother about the abuse and went to the police,” he said.
“Mum said she had noticed my personality had changed following the abuse she noticed I had become depressed but she was unsure what had caused the change or how to address the situation.”
Tragically for Tom, his original complaint made to Queensland Police because he was residing in that state was “lost” in the system.
Tom was frustrated and angered by the original police response because it’s their role to investigate claims of child abuse.
Tom’s decision to talk publicly about his abuse is to raise awareness especially locally about his abuser and remind people child sexual abuse is not confined to religious orders or never going to happen again.
“My abuser may be slightly inconvenienced by his conviction but my life has been blighted by his abuse,” he said.
*Not his real name
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