WA dad who impregnated daughter, 14, has jail term reduced
Warning: Graphic content
A father who googled fake DNA tests after he impregnated his biological 14-year-old daughter has had his jail term reduced after the original sentence was found to be 'unjust'.
The forklift driver from Western Australia, who cannot be named for legal reasons, pleaded guilty in 2024 to 40 counts of sexual offending against his daughter, which came to light after the girl fell pregnant with his child.
The man committed the offences between 2019 and 2022 while the girl was aged 11 to 14.
He also pleaded guilty to five counts of possessing child exploitation material after filming several of the acts.
In August 2024, he was sentenced to 14 years and six months in prison for the offending.
However, the father appealed the sentence on the basis that he was only given a 10 per cent discount for an early guilty plea, arguing it should have been 25 per cent.
The man's lawyer, Mark Gunning, told the court that a 10 per cent discount was 'manifestly inadequate' given that his client had spared the girl the need to testify at trial.
WA Director of Public Prosecutions lawyer Natalie Sinton said the 10 per cent discount was not 'unreasonable' as the father had filmed his acts and the girl had given birth to his child, making the prosecution case 'overwhelmingly' strong.
The WA Supreme Court appeals panel ruled the 10 per cent discount was 'unreasonable' and 'plainly unjust'.
The panel resentenced the man and increased the discount to 22 per cent for counts 1, 2 and 3, and 20 per cent for the remaining counts – reducing the sentence to 12 years.
'As strong as the State's case was in relation to all of the counts, counts 1, 2 and 3 were slightly weaker, having regard to the fact that they were not videoâ€'recorded,' the panel decision stated.
'Brazen' offending
During the appeal process, the court heard how the offending came to light after the girl's school reported the pregnancy.
The daughter then confided in her mother, who had separated from the father in 2010, that the baby was his.
The court heard how the father made several Google searches on his phone after being first interviewed by police in 2023, which included 'Can a mother refuse a paternity test Australia', 'What does a fake DNA test look like?', 'How long can a drug test pick up meth?' and 'Can police see deleted DMs?'
He also read a news article which was entitled: 'Man jailed for fake DNA test to deny parentage of two sons.'
A DNA test later confirmed the baby was his.
The appeals panel pointed out in their decision that the offending was 'brazen'.
'Sometimes, it occurred when there were other children in the house. On one occasion, it occurred when there were other children in the room,' The WA Supreme Court decision stated.
The 12-year sentence is backdated from March 28, 2023. He is already eligible for parole.
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