A 64-year-old registered sex offender is accused of serially exposing himself to families of young children in a Noble Park playground, a court has heard.
Luis Da Cunha, from Noble Park, sought a sentencing indication in Dandenong Magistrates’ Court for 15 charges including sexually assaulting a shopper in Noble Park.
On five days in September and December 2020, Da Cunha allegedly parked himself on a bench next to a playground in Parkfield Reserve.
He exposed himself and performed lewd acts in front of pre-schoolers, primary-school aged children and their parents.
On one of the occasions, he beckoned a mother to sit on his lap as he exposed himself on the bench.
Da Cunha groped a 33-year-old woman after they chatted outside a store in Buckley Street about 9.20am on 11 November 2019.
He then told the “shocked” and “froze” victim that he wanted to sleep with her before she escaped inside a shop.
Da Cunha made full admissions to the sexual assault, telling police “I just wanted to have sex with her”.
According to police, Da Cunha was on the sex offenders’ registry at the time of the offences.
He was registered for eight years and placed on a community corrections order by Dandenong Magistrates’ Court in December 2013.
Defence barrister Jeremy Karitzis argued Da Cunha’s serious offending was in the context of serious mental health episodes.
Da Cunha wasn’t a “premeditated sexual deviant” but acting under “long-standing organic problems”. His issue was compliance with his treatment regime.
“When he’s in relapse it has manifested in manic delusions and sexually disinhibited behaviour,” Mr Karitzis said.
“What is equally clear however is he has long periods of stability when he’s on his medication.”
At the time of the sexual assault, Da Cunha’s medication was altered. During the playground acts, he was managed only by a GP, Mr Karitzis said.
Magistrate Suzette Dootjes indicated her sentence would take into account Da Cunha’s mental impairment at the time.
However she was concerned about the community’s protection.
Ms Dootjes said she’d consider a community corrections order if Da Cunha’s treatment could be suitably managed by Corrections Victoria.
Da Cunha remained remanded in custody to appear at Dandenong Magistrates’ Court on 18 March.
