The 40-year-old, formerly of Orange, appeared before Judge Rodney Madgwick in Orange District Court where he was given five-and-a-half-years in jail without parole after being charged with two counts of sexual intercourse with a child under the age of 10.

“Of course he will be deprived of his children from this,” Judge Madgwick said.

He has been in custody since his arrest so the man’s sentence was back-dated to September 12, 2016, and he could be eligible for release on parole on March 11, 2022.

“He will in my opinion do it harder than other prisoners in jail,” Judge Madgwick said.

“One thing that does stand out is his remorse.”

Judge Madgwick said the offender violated his daughter at the end of August and beginning of September in 2016 while visiting and was caught in the act by the child’s mother.

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He said on the night of the first offence the girl came into the room where the man and woman were sleeping in the same bed together.

“The mother left to go to the toilet, when the mother returned she said the blankets were moving,” Judge Madgwick said.

“The second offence is particularly serious since he had been discovered committing the first one and had promised not to offend again.

“The child’s mother in her confusion admitted him back into the house and he betrayed her trust as well as the child’s.”

He said the man was allowed to visit on Father’s Day but was caught again when the mother found him in the girl’s room.

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Judge Madgwick said the offences could have life-long psychological affects for the girl, who read her own statement in closed-court.

“She should really be called a survivor rather than a victim because she’s determined not to let this appalling use of her determine her life,” he said.

The man cannot be named in order to protect the identity of the victim and her other family members.