A child rapist who tried to stave off his punishment and failed to appear for his sentencing last week has had his case adjourned to June as a mental health report is being ordered.
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John Paul Garay, in his early 60s, was due to appear in the ACT Supreme Court on the afternoon of March 31 to be sentenced for eight child sex offences he was found guilty of committing in the 1980s.
The historical crimes, which included two rapes of a boy who used to stay with Garay during school holidays, all occurred at the offender's home in Wanniassa.
Following his failure to appear, he was found a few hours after Justice Chrissa Loukas-Karlsson issued a warrant for his arrest.
He re-appeared in the ACT Supreme Court on Tuesday when his lawyer, Margaret Jones SC, applied for the sentencing to be adjourned for 6-8 weeks to allow them to order a psychological or psychiatric report.
Ms Jones tendered a discharge summary from Canberra Health Services and said that depending on the content of that report, there may be short written submissions in relation to sentencing.
She did not make a bail application on behalf of the offender.
Prosecutor Skye Jerome opposed the application, saying a health assessment form showed no evidence of an acute mental illness.
Ms Jerome said the defence had "ample of opportunity" to submit any relevant information about Garay's mental health status.
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Justice Loukas-Karlsson granted the application, saying Garay had made no bail application and his sentencing, which she previously indicated would be a jail term, would therefore be backdated to the date he was taken into custody.
Justice Loukas-Karlsson also said a "responsible senior counsel should explore this matter prior to sentence handown" otherwise it would risk an appeal.
"The court appreciates your submission," she told the prosecutor.
"But on the other hand, I have to ensure there's a fair sentence hearing in relation to this matter."
She said it was clear that Garay should be sentenced as soon as possible but at the same time the court should have all the information.
"It seems to me that a judge would be remiss in their duty not to allow counsel the opportunity to produce a report prior to sentencing," she said.
The court heard Garay will be marked as a prisoner at risk.
The case is scheduled for return on June 10.
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