Jailing a former Dubbo teacher who had consensual sex with one of her students would do more harm than good, District Court Judge Stephen Walmsley determined yesterday.
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The married woman, who cannot be identified for legal reasons, was in Dubbo District Court for sentence. She had previously entered guilty pleas on two charges of sexual intercourse with a person aged 16 to 17 years under her care.
Judge Walmsley convicted the teacher and imposed suspended prison sentences of 21 months and nine months. She was required to enter into good behaviour bonds and accept supervision and guidance from the Probation and Parole Service for the duration of the sentences.
Judge Walmsley said the purpose of punishment was to assist in the rehabilitation of the offender.
Given the psychological history of the teacher he determined a full-time custodial sentence would cause harm and set back her rehabilitation and ability to contribute to society.
The Judge accepted the sex was not planned. He said the teacher made no steps to groom the student. There was no evidence of power control, paedophilia or sexual fantasy.
The court found major depressive illness had impaired the teacher’s decision making. Judge Walmsley said there was no evidence of harm to the boy, who wanted no punishment for the teacher.
The court found the student demonstrated a high level of maturity. The first instance of consensual sexual intercourse occurred when the student was a few weeks shy of his 17th birthday. On the second occasion he was 17 and “more able to fend for himself”, Judge Walmsley found. At the time the teacher was 24.
Judge Walmsley described the teacher as caring but naïve, immature and almost child-like in manner. Judge Walmsley said the teacher was frank with police, did not manipulate or groom the student and at the time of the offences did not know she was breaking the law.
The court heard the teacher had been hospitalised for months at a time during her early teenage years when anxiety and depression developed into a major psychological illness that resulted in loss of ability to walk and talk.
The troubled teenager achieved some social adjustment and went on to study music at Sydney Conservatorium.
She was then offered a job in Dubbo teaching music at her old school. Without any formal teacher training or instruction in child protection issues she combined teaching with full-time external Bachelor of Education studies through the University of New England.
Stressed, worn out and feeling anxious, lonely and at times suicidal, she became friends with a student at the school.
The court heard the friendship deepened through a shared passion for music.
Judge Walmsley accepted the woman did not know the law was being broken when a sexual relationship developed with the student.
