Brett Daly: Gregory Hills man appeals jail sentence for sending nude image to 15yo girl

A father who sent a lewd image via Snapchat to a girl he had met at the skate park, about 20 years his junior, and tried to blame it on an ex has appealed his jail sentence.

Brett Daly has appeal his jail sentence for intentionally doing a sexual act with child. Picture: Annie Lewis

A father of three who sent a nude image to a teenage girl he met at a skate park and then tried to claim his ex had hacked his Snapchat has cried as he won a fight against his punishment to spend time behind bars.

Brett Daly, 35, fronted Campbelltown District Court via video link on Monday to appeal a seven-month jail sentence for intentionally doing a sexual act with child. He was handed a non-parole period of four months.

The Gregory Hills man, who committed the offences while his wife was pregnant, had also admitted to using a carriage service to menace, harass or offend and he was found guilty of the offence without proceeding to a conviction.

According to documents tendered to court, Daly met the victim at a skatepark in the Macarthur region after he approached her and taught her how to skateboard.

They later exchanged contacts via social media, using Snapchat and Instagram. Between November 15 and 28, Daly started sending more frequent messages to the then 15-year-old girl, including images of himself in which he was mostly shirtless and then he sent her an image of his genitalia.

Brett Daly. Picture: Annie Lewis

The victim did not respond, but took a screenshot so she could send it to her mother and tell her what happened.

According to court documents, Daly said an ex-girlfriend hacked into his account and sent that naked photo of himself to all his family and friends, he also told the victim that he reported the matter to police.

In December, the victim provided police with a statement and screen shots of the Snapchat conversations and photos.

During a police interview, Daly agreed he sent the naked photo of himself to the victim, however said he was intoxicated and accidentally sent it to the teenager while trying to send it to other women.

At court on Monday, it was revealed Daly, who sobbed on the video link, was supported by his dad and his wife who had separated from him after the offending.

Brett Daly pleaded guilty at Picton Local Court. Picture: Annie Lewis

It was revealed in court that Daly had lost two friends to suicide in 2011 which exacerbated his symptoms and that he was heavily intoxicated at the time

Daly’s lawyer Jelena Drobic had her client had been unable to access medication for his mental health and rheumatoid arthritis and was suffering from high anxiety. She said a lengthy community correction order would allow him to rehabilitate and seek treatment.

A representative for the Director of Public Prosecutions said Daly’s actions would have caused fear to the victim and there was an escalation of inappropriate behaviours as it went “from shirtless images to the nude images”.

Judge Smith did not accept his explanation that he was intoxicated at the time at 5am in the morning on a workday and said she could not see any need to be sending such pictures to a teenager.

“He isn’t recognising what he is actually here for which is exposing an underage girl to images of himself … this has just flashed up on her phone,” she said.

“He then says I definitely understand the uncomfortable position and the embarrassment … well it’s a bit more than that … once you expose a child to this image it’s not as simple as erasing it from their memory.”

Judge Smith acknowledged it was the one nude picture and that he had no prior criminal record, but there was “no excuse” for his conduct.

“This is not just a photo of any man, this is a photo of a man she has come to know who is much older than her … and you’ve been somebody who has been helping her with her skateboarding,” she said.

“And here you are turning it into something sexual … it seems to be there was some sexual undertone going here prior to that.

“Children are there to be protected, they are not there to be the object of anyone’s sexual conduct.”

Judge Smith said the last two weeks in jail would have been a “wake up call” and upheld the appeal and sentenced Daly to a three-year community corrections order.

He has been ordered to follow supervision, continue with his mental health treatment, abstain from alcohol, complete 350 hours of community service and is banned from entering any skate parks.

If reading this story has impacted you in any way you can contact Lifeline on 13 11 14 or at lifeline.org.au.