Court: Broadford’s Daniel Mallia, 48, is accused of raping, grooming a minor

A Broadford carpenter who entered into a relationship with a teenage girl who was taller and weighed more than him claims he thought she was an adult.

Broadford man Daniel Mallia, 48, is accused of sexually penetrating a minor.

A Broadford tradie who has been charged with raping and grooming a teenage girl, believed the alleged victim — who is taller and weighs more than him —was an adult, a court has heard.

Daniel Mallia, 48, fronted the Shepparton Magistrates’ Court on August 16, as he applied for bail, after being charged with five counts of sexual penetration of a child under the age of 16, as well as five counts of supplying a child with a drug of dependence, namely methamphetamine and GHB.

The alleged sexual assaults took place between November 2023 and April 2024.

Mr Mallia was also charged with intentionally producing child abuse material and knowingly possessing child abuse material, as well as intentionally distributing child abuse material.

Mr Mallia was charged by Seymour Sex Offence and Child Investigation Team detectives on April 17, 2024, and had been in custody since.

Broadford man Daniel Mallia, 48, is accused of sexual penetrating a minor.

Mr Mallia’s lawyer, Ennes Marcellus, said his client would be relying on the reasonable belief that he believed the alleged victim was over the age of 16.

Mr Marcellus acknowledged that if his client was convicted of the charges, he would receive a significant custodial sentence, but told the court the alleged victim was never honest with Mr Mallia about her age.

Mr Marcellus said that the alleged victim “presented as much older” than what she actually was, and was taller and weighed more than Mr Mallia.

“There is no doubt in his mind she was over 18,” Mr Marcellus told the court.

The court heard the two met on an online dating site, and that the alleged victim told Mr Mallia she loved him on two occasions.

Mr Marcellus told the court that if his client was released on bail he would have work upon release, and due to his savings would be able to find a rental fairly quickly.

The court heard that Mr Mallia, a carpenter with 28 years’ experience, would have a surety paid by his nephew, Zack Mallia, who appeared on the video link to support his uncle.

The surety offered by his nephew was $10,000.

The court heard Mr Mallia has suffered from drug addiction which worsened when his former partner left with his kids to Queensland and his brother died from alcoholism.

Detective Senior Constable Christine Bortolotto opposed bail, telling the court that “I don’t think any amount of surety would satisfy Mr Mallia being bailed”.

Daniel Mallia appeared in the Shepparton Magistrates’ Court via video link from the Melbourne Remand Centre.

Prosecutor Chris Edwards told the court that the “repetitive nature” of the alleged offending was a concern for the prosecution.

Mr Edwards also told the court that it would be realistic the matter would be brought to trial by August 2025.

Magistrate Olivia Trumble ultimately sided with the prosecution, telling the court that Mr Mallia “is an unacceptable risk of endangering” the alleged victim.

Mr Mallia will next face the Shepparton Magistrates’ Court on August 27 for a committal mention, and will remain in custody until then.