Gavin Swindale: Ulladulla man jailed for sending child explicit images on ‘Bigo Live’

A judge has come down on a man who sent disturbing images and texts to a child with the full force of the law, calling his continued claims he did not know the victim’s age “nonsense”.

Swindale sent the messages on Bigo Live. Picture: Generic, file

A judge has come down on a man who sent disturbing images and texts to a child with the full force of the law, calling his continued claims he did not know the victim’s age “nonsense”.

South Coast man Gavin Swindale, 50, appeared in Sydney District Court on Friday for sentencing, after a jury found him guilty of using a phone to send indecent material to a person under 16 at a two-day trial earlier this year.

It took the jury only 30 minutes to come to the verdict, with the Ulladulla resident’s charge stemming from sickening messages he sent a child on the social media platform Bigo Live across various March, 2023 dates.

The jury heard Swindale, then 48, believed the victim was actually 23-years-old, as her profile stated such.

In the opening statements of Swindale’s May 8 trial, the Crown prosecutor submitted he was aware of the recipient’s age as the pair shared images of their faces.

Gavin Swindale was found guilty at a trial in Nowra District Court. Picture: John Appleyard

Court documents state Swindale sent the child images of his penis, as well as messages reading “I love you”, and “like what you see?” after seeing the child’s face.

Other messages included Swindale calling the child “pretty” and asking “wanna have fun?” before sending another image of his penis.

Agreed facts state the child showed the conversation on their iPad to after school care staff, who provided the messages to the child’s father and subsequently to police.

The iPad was seized, as was Swindale’s smartphone, before he was arrested and charged.

He was however granted conditional bail, which was revoked upon his guilty verdict.

In court on Friday, Swindale’s defence barrister Matthew Barnes said his client was a good man with no criminal record.

He pointed to Swindale’s difficult upbringing and submitted his client was extremely remorseful.

However, Judge Christopher O’Brien slammed this claim, saying Swindale was anything but.

“[Swindale] continues to assert he didn’t know the victim was a child,” he said.

“It’s just nonsense.”

Judge O’Brien said this was why the jury was able to come to a verdict so quickly.

“If he was to say “I knew she was a child, and I’m really sorry I did it”, well that’s one thing, but his ongoing failure to acknowledge what was the critical point of the trial, I’ve got a problem with that,” he said.

The Crown prosecutor agreed, saying it was “abundantly clear” Swindale was conversing with a child.

“A failure to acknowledge that raises real concerns with the prospect of rehabilitation,” she said.

Swindale was ultimately convicted and sentenced to full time custody for 16 months, eight months without parole.

He will be eligible for release on January 8 next year with time served.

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