Career criminal tries to rape woman in her home
SHE was pottering around her garden when she saw the man walk past.
The 67-year-old woman went back into her home half an hour later and that same man suddenly appeared from one of the bedrooms.
He grabbed her, put his hand over her mouth and pulled her to the ground as she tried to scream.
She was terrified and begged him not to hurt her.
As his sweat dripped onto her face, Dywane John Small, 38, told her he did not want to hurt her, just "make love to her".
The career criminal, who has spent most of his life in jail since age 17, had been released from Woodford Correctional Centre just two months earlier.
He pinned the woman to the ground and tried to rape her but he had an equipment failure.
If he had penetrated her, Small would have been looking at 9-10 years but Judge Julie Dick said the range was 4-6 years for this attempted rape.
Small pleaded guilty in Brisbane District Court on Tuesday to burglary and attempted rape at the woman's home in Brisbane's northern suburbs in July last year.
The court heard he had spent the better part of five and a half years in solitary confinement at Woodford for a robbery while armed and a police chase where he reached speeds up to 200kmh.
Small had also committed crimes while in prison, where he became confined alone in maximum security with little time outside.
He had taken ice for the first time in the week leading up the attempted rape.
Barrister Claire Boothman told the court her client was remorseful and ashamed at his behaviour.
She said Small was one of seven children and had ended up in foster care at a young age.
Ms Boothman said Small received brain damage at age 10 after a car hit him and shortly after he engaged in petty theft to support the family.
Next came drugs and more serious crimes.
Judge Dick said the woman's victim impact statement showed she was attempting to be robust but noted Small had threatened "he knew where she lived" if she told police.
"I am sure that her life has changed and will never be the same again," she said.
Judge Dick sentenced Small to five years in jail, reducing it from six years because there was little chance he would get parole.
Small has already served 398 days in custody. - ARM NEWSDESK