A Hunter Valley father who arranged a marriage for his 12-year-old daughter has not shown any insight into the harm she has suffered, a court has heard.
The 63-year-old man, who cannot be named for legal reasons, was found guilty of procuring a child aged under 14 for unlawful sexual activity and being an accessory before the fact to a serious indictable offence following a judge-alone trial in April.
His daughter and a 26-year-old Lebanese university student were "married" in an Islamic ceremony at a private home in January 2013.
During a sentencing hearing on Friday, the Downing Centre District Court was told the father, a Muslim convert, maintained his innocence.
Crown Prosecutor Siobhan Herbert said the offender had not demonstrated any insight into the harm caused to his daughter, who is now 13.
During the trial the court heard the father arranged for the couple to meet, approved an exchange of phone numbers, hosted the wedding, allowed his daughter to go with the man to a hotel on the night of her wedding and later move in with him. Further, he told her not to use any form of contraception.
Once authorities discovered the "marriage", the girl 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 sentencing submissions, Ms Herbert said as her father, the offender should have been the person protecting her from harm, when in fact he was facilitating it.
During his trial the father said he was opposed to the wedding but finally gave approval because it was what the girl wanted, he couldn't stop her and he was acting to protect her from the sin of premarital sex.
The father believed she was old enough to make decisions about marriage as it was what the "creator" said.
"If Allah says that she can get married when something happens then I agree with that," he said.
"I agree with everything our creator says."
During the sentencing hearing, defence barrister Mario Licha told Judge Deborah Sweeney his client could have undiagnosed psychiatric issues.
Mr Licha said the man's time in jail will be more onerous than usual because not only is he a convicted child sex offender, but the offences were born of his religious beliefs, based on his reading of the Koran.
"What's different about this offence is that it occurred against his backdrop of being a Muslim and reading the Koran," Mr Licha said.
"Given today's views on the Muslim faith, which is not being seen in a great light, the nature of the offence and the birth of this offence coming from the Koran ... your Honour may consider this will cause his time in jail to be more onerous," he said.
Previously the court heard the Lebanese student 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.
The father arranged for the ceremony to take place in his home. They had sex in a motel and at the father's house.
"He made up a room and bed ... for them knowing they would have sexual intercourse," Judge Sweeney said in finding the father guilty.
The next morning he asked the girl if she needed a shower before prayers, in line with Islamic practice after sexual intercourse.
The couple continued to have sexual relations 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 her "husband" went to work or university.
In early February 2014, he attempted to become her guardian so he could enrol her in high school. The pair were referred to Centrelink and Family and Community Services. Police were alerted.
The man was originally charged with 25 counts of sexual intercourse with an underage child. He pleaded guilty to one count of persistent sexual abuse of a child. In March this year he was sentenced to 10 years' jail.
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.
The father will be sentenced on July 17.
