A North Albury man has avoided full-time jail for sending sexually explicit text messages to his partner’s 15-year-old daughter.
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The man was drinking with the woman in the lounge room as he sent the texts to the girl in her bedroom, Albury Local Court has heard.
Magistrate Erin Kennedy said the man’s actions were “extremely serious” and “extremely troubling”.
The 42-year-old, who cannot be identified, pleaded guilty to using a carriage service to menace, harass or offend and was placed on a 12-month intensive corrections order. He later lodged a severity appeal.
The man fronted the Albury court for sentencing, which took place via a video link to Ms Kennedy at Wagga court.
Defence solicitor Melanie Lim said sending the texts was “inexcusable” though this was “an isolated incident” and that he had improved his attitude to his offending by taking more responsibility for it over the past three months.
Ms Kennedy emphasised to the man that he had sent the messages to “a 15-year-old child”.
She said it was critical that adults were aware of this fact “and treat children in the appropriate way. She’s a child, she’s in the home and she’s receiving harassing and troubling messages from you.”
Ms Kennedy told the man he went close to going to jail – “I can tell you sir it was borderline in my view” – and would not be able to avoid it if he did it again.
The man and his partner had been in a sporadic relationship for four years.
They drank alcohol in her lounge room when he visited on April 15. About 10.30pm, the man texted her daughter a sexually explicit question, then another after her brief reply.
He then texted: “Plz don’t show ya mum.” “I won’t,” the victim replied. At 11.30pm he texted “I no (sic) the answer and shouldn’t ask and I’m sorry but ….”. The sentence ended with another sexually explicit question.
The victim felt “disgusted and sick” by the messages and complained to her mother, who contacted police.
The Director of Public Prosecutions previously withdrew charges of procuring for unlawful sexual activity and produce child abuse material.