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ABC News
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National

Canberra man guilty of historical child sexual offences has sentencing delayed in ACT Supreme Court

John Paul Garay failed to appear in court for his sentencing last week and a warrant was issued for his arrest. (ABC News: Ian Cutmore)

A Canberra man convicted of eight charges of sexually abusing a child is now behind bars, after skipping his sentencing last week.

John Paul Garay, 62, was to have been sentenced on Thursday but the case depended on an application he had made to the court to pause the convictions.

When he learned his stay application had been rejected and he would be sentenced that afternoon, he left the court and did not return.

When he did not show up, an arrest warrant was issued and he was later located by police.

Garay was found guilty of two charges of rape and six acts of indecency against the victim who was the child of family friends.

The court heard the boy had been sent to stay with him at his home in Wanniassa in the school holidays in the 1980s, when the pair would share a bed.

The abuse happened over a three-year period.

During his evidence to the court, the victim broke down as he recounted how members of his family had blamed him for the abuse.

Today, Garay faced court after being taken into police custody.

Garay had been free on bail since he was found guilty to allow time for him to make arrangements for the care of family members, including his mother.

His lawyer Margaret Jones asked the court to consider delaying his sentence, saying time was now needed for a mental health assessment.

But prosecutor Skye Jerome opposed the delay, saying there was no evidence of an acute mental illness and the sentence could proceed.

Justice Chrissa Loukas-Karlsson disagreed.

She said the court had to be appraised of the full situation.

"The court has to ensure a fair sentence," she said.

Justice Loukas-Karlsson noted Garay had not applied for bail and would be starting whatever jail sentence was imposed, immediately.

The sentence has been put off until June to allow time for a psychiatric report.

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