By Cam Lucadou-Wells
A 64-year-old registered sex offender will have to report to police for life after serially exposing himself to families of young children in a Noble Park playground.
Luis Da Cunha, from Noble Park, pleaded guilty at Dandenong Magistrates’ Court to 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.
Magistrate Suzette Dootjes said Da Cunha performed lewd acts in the knowledge that parents and young children were present.
“In fact on at least one occasion you attracted attention to yourself.”
Though without victim impact statements, Ms Dootjes said she had “no doubt” that each victim was left “distressed and frightened”.
“Women in the street and families in playgrounds are entitled to go about their activities without be violated by this type of behaviour.”
Ms Dootjes noted Da Cunha’s offending occurred during lapses in his medication for schizoid affective disorder.
A psychiatric report stated he had relative stability when complying with medication and cared for by an assertive mental-health outreach team.
His mental impairment now and at the time was a mitigating factor, Ms Dootjes said.
He was jailed for 83 days – already served in pre-sentence detention – plus a two-year community corrections order.
Under the CCO, Da Cunha will be case managed by a mental health service and supervised by the Office of Corrections.
He will be a registered sex offender for life.
