WODONGA fun park operator Darren Harvey has been jailed for seven months by a County Court judge for indecently assaulting a teenage girl who had worked for him.
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The sentence is a two-month reduction on the nine months minimum term imposed by magistrate John Murphy in Wodonga Magistrates Court in October.
An immediate appeal was lodged by Harvey’s legal representative after the jail term was imposed.
The overall 15-month maximum term set by Mr Murphy on two counts of indecent assault was confirmed yesterday by Judge Chris Ryan, who said Harvey had contributed significantly to the community and had good prospects of rehabilitation.
But he said it was his opinion Harvey’s behaviour towards the schoolgirl, 18, was predatory.
“Young women like the complainant ought to be safe in the workplace,” Judge Ryan said.
He said condign punishment was required in response to Harvey’s conduct.
Judge Ryan acknowledged Harvey, 51, is the owner and runs Harvey’s Fun Park on the Lincoln Causeway.
The business has been struggling since the publicity about Harvey’s offending.
“It is questionable whether it will survive in its present form,” Judge Ryan said.
He outlined the circumstances of the assaults which took place in October last year in a pump room at the business.
Harvey had been attracted to the girl and had touched her vagina when she was in a tank in the pump room.
The employee left the pump room and got dressed after getting out of the tank.
But later Harvey said to her: “Let’s go back to the pump room and get naked.”
He had grabbed the girl by the hand and she had attempted to get away, but was taken to the pump room.
It was suggested by Harvey they “get naked” and get in the water.
Harvey had taken off her clothing, hugged and kissed her on the back of the neck.
Judge Ryan said a victim impact statement outlined how the girl had been doing her VCE at the time.
The offences had adversely affected her, she still suffered flashbacks about what happened and was undergoing counselling.
Judge Ryan deferred sentencing until yesterday after hearing submissions by Harvey’s barrister on Thursday.
“His conduct towards this young woman is absolutely disgraceful,” Judge Ryan told barrister Steve Anger.
