NSW dad Brett Daly appeals sentence for sending nude photo with erect penis to 15yo

A married dad sent a nude Snapchat of himself to a 15-year-old girl he was teaching to skate - while his wife was pregnant. Here was his pathetic excuse.

An Aussie dad sent a nude photo of himself with an erect penis to a 15-year-old girl he was teaching to skate while his wife was pregnant — then claimed to police it was a “mistake”.

Brett Daly, 36, was sentenced to seven months in jail with a four-month non-parole period for doing an intentional sexual act with a child earlier this month.

That act was sending a Snapchat photo of his penis and naked body at 5am on a Tuesday to a teenage girl.

Campbelltown District Court heard he met the girl at a skate park and offered to help her improve her skating skills, before exchanging details.

Daly was initially sentenced to seven months in prison. Picture: Facebook

Daly, from the NSW town of Cobbitty, sent several photos of himself shirtless in the lead up to sending the naked photo, the court heard.

When the shocked teenager and her mum reported the incident to police, he claimed he’d been drinking and sent the photo “by mistake,” the court was told.

After spending two weeks in prison, a teary-eyed Daly had a huge court win this morning, learning he will be released from prison imminently due to succeeding in his severity appeal.

The court heard Daly had shown little remorse for his actions. Picture: Facebook

Judge Tanya Smith re-sentenced him to a three-year community correction order (CCO) with supervision, but was scathing in her remarks about his conduct.

“She (the victim) can never erase that kind of image from her mind; she can’t unsee it,” Judge Smith said.

“It can make her potentially have trust issues with others and she may look at other men and think ‘is this something sexual?’. It’s not just shock and embarrassment, it’s about the impact it could have on her more broadly and how she will view people around her as a consequence.”

Judge Smith said she did not accept the sending of the image was “a mistake” as he had claimed to police, nor that it was a result of intoxication.

Daly and the victim had a degree of trust, the court was told. Pictures: Facebook

“I have difficulty in understanding how intoxicated you could be at 5am on a Tuesday when you’re working full-time,” she said, while acknowledging he may have had a broader problem with alcohol at the time.

Sitting in his prison greens as he faced court via audiovisual link, Daly appeared to cry loudly and repeatedly wiped his eyes.

At the time of the offence, Daly had several young children and his wife was pregnant.

The couple had separated since the offending, but his wife continued to support him. She sat in the court’s public gallery along with Daly’s father.

Daly had separated with his wife since the offence but she remained supportive. Picture: Facebook

Judge Smith said it was concerning Daly had not been able to recognise what he had done wrong, with his letter of apology focusing largely on the shame and embarrassment brought to his family.

“You have to assess what it was that made you do this to a 15-year-old girl,” she said.

“Children are there to be protected and not be the object of anyone’s sexualised conduct”.

The crown prosecutor argued a prison sentence was appropriate due to the two-decade age gap between Daly and the child, the degree of trust between them, the “escalation of inappropriate behaviour” from sending shirtless photos to nude ones and his “lack of insight” about the impact of his crime.

The naked photo was sent via Snapchat. Picture: Stock image

But his lawyer, Jelena Dobric, argued for a community-based sentence, telling the court her client had alcohol-related and mental health issues at the time.

She told the court she thinks “he does have remorse but he has had difficulty expressing that remorse” due to anxiety.

Ultimately, Judge Smith found he could be appropriately punished in the community, noting his family support, lack of criminal record and the fact the offence was not the most serious of its kind.

Under the conditions of the CCO, Daly must complete rehabilitation courses as directed by corrective services, abstain from drugs and alcohol, stay away from skate parks, not contact the victim and do 350 hours of community service.

Daly appeared to cry as he was handed his new sentence.