ACT Magistrates Court sentences Canberra man to jail for grooming girl for sex during sleepover with his daughter

The man, whose brother told police during investigations he would never leave his daughters alone with him, appeared in the ACT Magistrates Court on Tuesday after pleading guilty to grooming a young person.

Court documents state that during the sleepover in mid-2021, the offender messaged his daughter to send the victim to the shed, where he complimented her before asking "If I gave you money, will have you sex?"

She said no then got up to leave, prompting the offender to say "Please don't tell anyone".

A few days later, police were notified after the victim's mother received a text message warning her numerous child grooming-related complaints against the offender had been made to Child and Youth Protection Services and police.

As part of their investigations, police also received numerous screenshots of text messages between the offender and his daughter, who had confronted him.

"You took her into the shed and asked her if she had ever had sex and if she would with you for money ... don't f--- lie!" one reads.

In screenshots of messages between the offender and his on-and-off partner, one read: "But she wasn't legal and you knew that ... you've told me you knew that she wasn't legal!"

During sentencing, defence lawyer Eddie Chen argued that further jail time for his client should not extend beyond Tuesday after already having served 94 days of pre-sentence custody.

Mr Chen said the grooming was at the lower end of objective seriousness for this type of offence because it was direct and there was a lack of manipulation.

He said this meant the likelihood of success for the offender was less compared with other cases in which grooming was subtle.

Mr Chen also said "it was very fortunate that the victim was so level headed to say a clear no".

Special magistrate Margaret Hunter dismissed the notion the lack of further offending was because of the offender, saying he was "lucky she was smart enough [to say no]".

"That was only because of her, not him," she said.

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Ms Hunter said this type of offence was serious because children typically viewed adults as authorities to whom they could not say no.

"I accept it's at the lower end but it doesn't mean it's not serious because in my view, it is," she said.

"He clearly had ideas of what he was going to do."

Ms Hunter said she accepted the offender's acquired brain injury from a motorbike accident in 2020 might have contributed to his inability to control his behaviour.

She also accepted his remorse and that his criminal history did not have any relevant record as it was almost exclusive to driving offences.

The magistrate sentenced the offender to 12 months' jail backdated to December 12, which will become suspended after four months upon him entering a good behaviour order. That would make him eligible for release on April 12.

The offender is now registered as a child sex offender for the next eight years.

Earlier in the hearing, prosecutor Sam Bargwanna read out a victim impact statement.

"[The offender] made me feel dirty, like I did something wrong," the statement reads.

"I have lost close friends for telling the truth about what happened. I feel scared to go anywhere or be alone with people other than my family."

Mr Bargwanna said "there can be no dispute" that deterring individuals from engaging or thinking about engaging in sexual conduct with children is "to be deterred at the highest levels".

"Sentences should be imposed to reflect that," he said.

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