The offender was “terrified” of going into custody.
The offender was “terrified” of going into custody.

Man, 52, got child porn from girl, 15

"YOU have a cute a--- I want to take my black c--- up it."

It should have been the text that stopped the 52-year-old man from further pursuing a 15-year-old girl.

The girl told her parents about the graphic message sent by the man, who had known her since she was born.

The girl's parents spoke to the man, who apologised at the time, but it turned out to be just words.

A search warrant executed in July 2019, revealed the extent of the man's offending against the young girl.

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On the man's phone were photos and videos of the 15-year-old girl naked or masturbating - child exploitation material.

There were also several texts between July 2 and 6 last year, from the man, detailing sexual acts including wanting to take the girl's virginity.

Among the texts found were two sent photos of the man's penis.

The man, now 53, pleaded guilty in Gladstone District Court last Thursday to using electronic communication to procure a person under 16 in a sexual act, two counts of wilfully exposing a child to an indecent photo, and possessing child exploitation material.

Crown prosecutor Samantha O'Rourke told the court the man participated in a police interview where he admitted to sending and receiving messages, however tried to downplay the action by saying he was intoxicated.

Ms O'Rourke said the persistent messaging showed this to be untrue, and furthermore at no time did the man tell the girl to stop.

She said the man was also aware the girl was vulnerable at the time due to mental health issues and bullying.

"His actions were for his own sexual gratification," Ms O'Rourke said.

Defence barrister Scott Moon said his client was "terrified" of going into custody.

He said the man had spent three days in the watch-house which brought home the fear of the situation.

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Mr Moon said his client did not blame the girl and wanted to sincerely apologise to her and the family.

He asked the court to consider that there was no physical perpetration of the girl, and the man had adhered to strict bail conditions including not having a mobile phone.

He said the man had since left Gladstone in hope of not re-traumatising the family.

"He's genuinely ashamed and so he should be," Mr Moon said.

Judge Michael Burnett made note of a psychologist's report tendered to the court which said the man had good prospects of rehabilitation and was a low risk of reoffending.

He described the man's actions as persistent and an abuse of trust.

"Plainly, you did take advantage of that vulnerable young child," Judge Burnett said.

He made note of the man's previous employment.

"The prospect of incarceration is quite terrifying for you with the obvious knowledge you'd have about how sex offenders are treated in the corrective environment," Judge Burnett said.

The man was sentenced to two years' imprisonment, suspended after four months, for an operational period of four years.

He was also placed on 18 months' probation.

Three days of pre-sentence custody were declared.


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