Girl, 11, forced to film sexual encounter
A GOLD Coast court has determined a man sentenced for indecently treating a child was so intoxicated he did not realise he was being filmed having sex by an 11-year-old girl.
An associate of the girl forced the child to tape the woman and Grant Lyndon Daly, 52, having sexual intercourse on September 16 this year, Southport District Court was told.
"On September 8, 2018, the co-accused and the complainant child attended the Swan Resort in Burleigh Heads, where the complainant child met Mr Daly," Crown prosecutor Denise Darwen said.
"Sometime that night or the next morning the co-accused told the complainant child to record (the co-accused) and Mr Daly by using (her) mobile phone, threatening to hurt the complainant child if she did not agree to record them.
"The complainant child recorded him and the co-accused engaged in sexual acts on the co-accused's mobile phone."
The girl told police she "felt disgusted and sick to the stomach".
Ms Darwen said Daly "did not desist of the activity in the presence of the child".
However, Judge Jennifer Rosengren found there was "exceptional circumstances" and Daly "had no idea the child's there".
"His explanation is that he was intoxicated and out of it on drugs", Judge Rosengren said.
"I mean, that doesn't excuse the conduct, it provides an explanation for it, of course."
Judge Rosengren said Daly and the woman had been using drugs and the girl should not have been in the room regardless.
Daly had a history of drug and property offending, but not sexual offending.
Defence barrister John Jacob said Daly was "so intoxicated by alcohol and drugs he has little recall of the events".
"He was disgusted and in utter disbelief when confronted with the allegations," he said.
"Now, having said that, he has obviously quickly and appropriately expressed responsibility."
Mr Jacob handed up medical documents indicating Daly has been diagnosed with Asperger syndrome and could suffer from "persistent vulnerable narcissism", of which "substance abuse is a characteristic trait".
Daly may also be living with PTSD after he was "struck in the face with a steel bar" during a home invasion in 2016.
Judge Rosengren sentenced Daly to 12 months jail, but suspended the term immediately for two years.