Resourcing issues left police unable to arrest a man caught in the act of sexually assaulting a 14-year-old girl at Barnawartha.
The offender, 19, was found penetrating the victim in a bungalow at the man's father's house on February 8 this year.
The teenager was on top of the naked man when police walked in.
The 19-year-old had been supplying the girl with ice even though he was banned from having any contact with her.
The girl was taken away by child protection staff, but the 19-year-old couldn't be taken into custody.
Officers had to leave the man at the bungalow and arrest him the following day on a child sex offence charge.
Items of clothing and a doona were seized.
The victim said the man knew she was only 14.
He had previously been warned by Youth Parole Board staff that the relationship was inappropriate, but the relationship continued.
Police had originally attended the bungalow after receiving information the girl might be there.
Concerns had also been raised by child protection staff about the illegal relationship between the pair, which had started in the previous months.
County Court Judge David Brookes on Thursday, December 7, said the offender had initially thought the victim was 17, but continued their relationship when he realised she was 14.
The man, who admitted to a charge of sexual penetration of a child under 16, was on bail at the time of the offence and also on parole.
He was taken back into custody to serve out the remainder of his parole, which had initially been served in adult jail.
Judge Brookes said all sex offences, particularly those against children, were serious, but the offending wasn't predatory, a breach of trust, coercive or exploitative.
The pair knew each other through the drug scene.
The man seeks to avoid being placed on the sex offender registry.
A decision will be made on his sex offender registration status on January 25.
Judge Brookes ordered the man serve an additional six months in jail on top of his parole period.