A FORMER Albury man remanded in custody since November last year over the sexual assault of a girl, 13, has been jailed for six years.
The man, 63, was sentenced in the District Court in Sydney by Judge Robert Toner SC last week on charges of aggravated sexual assault and indecent assault.
The girl became pregnant after the man had sex with her in 2011 and she later gave birth to a baby boy.
Judge Toner set a non-parole period of three years expiring on November 16, 2016, taking into consideration health issues suffered by the man and the fact it is his first time in custody.
He had a two-month relationship with the girl’s mother in March and April, 2011.
Tendered facts outlined how the victim was interviewed by a child abuse officer in May.
The girl explained that she was at the man’s house after being dropped off by her mother, who went shopping.
He had grabbed her breasts on the outside of her clothing and attempted to remove her top.
She resisted before being pushed backwards on to a bed and he had intercourse with her after removing her tracksuit pants and underwear.
Police officers spoke to the man on August 9 and he denied any sexual involvement with the girl.
It was claimed by him that he had been unable to have sex with the girl’s mother due to prostate cancer.
The girl gave birth to a boy on December 28 and the man volunteered a DNA sample on January 11, 2012, at the Albury police station.
An application for a forensic sample from the baby was granted by magistrate Tony Murray in court on April 12 and obtained the following day.
A sample from the child’s mother was taken on May 14 at the request of the Division of Analytical Laboratories in Sydney.
There was a subsequent report from the laboratory indicating the man was the likely father.
The testing showed it was about 77 million times more likely that the child had the man’s paternal DNA rather than an unknown, unrelated male in the general population.
He sought legal advance and declined to take part in an interview.
The man was held in custody but was released in November, 2012 because of his health problems.
He failed to appear at the District Court in Albury late last year and Judge Martin Blackmore issued a warrant for his arrest.