A Lebanese man was "determined" to marry a 12-year-old girl he saw in a mosque, despite being told it was illegal.
The 27-year-old, who cannot be named for legal reasons, was sentenced to a maximum 10 years' jail in the Downing Centre District Court on Friday, after pleading guilty to the persistent sexual abuse of a child.
Judge Deborah Sweeney said the man, who arrived in Australia on a student visa in June 2013, asked two religious leaders at a Hunter Valley mosque to arrange the marriage. They declined, clearly telling him it was illegal.
Undeterred, the man embarked on a "determined and deliberate pursuit of the girl" and with the help of one of her relatives, organised for a ceremony to take place at a private home on January 12, 2014.
...
The court was told the man first saw the girl at a Hunter Valley mosque in November 2013. He made inquiries about marrying her but after a supervised meeting he was told she was not interested as he was "too old".
However, the man began contacting her by text message, sometimes sending dozens of messages a day. About a month later the girl began communicating with him.
The court heard the imams from the mosque the girl's family attended had told the man any marriage would be illegal and they would not assist. However, Sheikh Muhammad Tasawar, an Iranian cleric based at a different mosque, agreed to "marry" the couple.
After the ceremony the couple had sexual relations and continued to do so while staying in a series of motels before moving into a rented house in western Sydney.
The girl would remain at home each day as the man went to work or university.
In early February 2014, the man attempted to become her guardian so he could enrol her in high school. They were referred to Centrelink and Family and Community Services. Police were alerted.
The girl, who cannot be named for legal reasons, was examined at the Children's Hospital at Westmead after she complained of sharp right abdominal pain. Doctors found she had an ectopic pregnancy - where the fertilised egg implants outside the uterus - and miscarried.
In March 2014, Tasawar, 35, pleaded guilty to the offence of solemnisation of a marriage by an unauthorised person. He was fined $500 and his religious leader visa was cancelled.
The girl's 'husband' will be eligible for parole in August 2021 although he is likely to be deported on release.