Ex-Churchie swim coach who assaulted schoolgirl appeals criminal record
By Cloe Read
A former Brisbane swim coach who pleaded guilty to sexually assaulting a girl is appealing against the recording of his conviction, with a court hearing there were 900-odd messages between him and the complainant.
Benjamin James David Allen
Benjamin James David Allen, who was a swim coach at Anglican Church Grammar School (Churchie) in East Brisbane, pleaded guilty this year to sexual assault, and was sentenced to 180 hours of community service, with a conviction recorded.
A non-publication order meant Allen’s identity and details of the case were initially quashed. That order has since been overturned, however specifics of the case are still unknown to the public.
Allen’s barrister, Steven Dickson, told the District Court in Brisbane on Wednesday that the recording of a conviction would have an ongoing punitive effect on Allen, and that the offending was at the lower end of seriousness of sexual assault-type offences.
“There’s no skin-on-skin contact, it was a brief interaction. It ceased there, and there was no ongoing contact from there,” Dickson said.
He submitted that Allen’s sentence should remain, but the recording of the conviction should be removed.
Dickson said sentencing Magistrate Michael Quinn had erred in recording a conviction so that blue card services would be aware of the offence, arguing a conviction would not need to be recorded for authorities to have access to that information.
He said Allen now worked in IT, which required him to have some contact with students, and the recording of the conviction would hamstring his ability to progress his career in that field.
“The reality is, he will never be able to be a swim coach again, and that’s what he had instilled his skills into to develop his career,” Dickson said.
“It’s a small profession, people know him, it was reported in the media, and will continue to be reported in the media. It will essentially bar him from ever being employed in that field of coaching ever again, in my submission.
“The blue card authorities, or licensing authorities, need not have a conviction recorded for them to take action, and it’s had a real and immediate effect, and, in my submission, a permanent effect on the industry he was working in and his ability to keep working in that industry.”
Benjamin James David Allen worked as a swim coach at Anglican Church Grammar School.
But Judge Ian Dearden said the offending was “in fact not a momentary action” by Allen.
“This was the culmination of some 900-odd exchanges,” he said, referencing text messages between Allen and the schoolgirl.
Dearden said it turned from “talk and texting” to “an actual action”.
“That action, of course, was not an action that gave the complainant the option of consent because it was a unilateral action by [Allen] in that particular circumstance.”
Crown prosecutor Nicole Hopper opposed the appeal, telling the court the sentencing magistrate took into account that not recording a conviction would “not reflect the true nature and seriousness of the offending”, particularly in the circumstances of a breach of trust.
She said Allen committed the offences through his employment.
“In those circumstances, the community’s denunciation of that breach of trust in that position he was in is a significant feature here,” she said.
Hopper also said: “Perhaps what this really comes down to is, sure, this is going to impact him, but perhaps it should, given the circumstances.”
Dearden reserved his decision for a later date.
If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732).