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Another 'Evil 8' offender jailed in WA

AAP logoAAP 17/11/2016

A man who had sex with a 12-year-old girl pimped out by her own father claims he was told she was older, but a Perth judge didn't believe him

Troy Phillip Milbourne, 42, who had pleaded guilty to seven offences, including indecent dealing and sexual penetration of a child, was on Thursday jailed for five years and three months.

He must serve at least three years and three months behind bars before he can be eligible for parole.

Milbourne met the father and daughter, who cannot be named, at a dog beach in 2014 after the man posted an advertisement online seeking friendship.

Afterwards, they went back to the father's house where Milbourne had a shower with the girl and sex on a bed.

Milbourne, who worked as a slaughterer at the time, testified in the West Australian District Court on Thursday that the father told him the girl was of legal age and he thought she looked more developed than his previous girlfriend.

"She looked like she was 17," he said.

"I never knew her age until they arrested me."

Milbourne said at the time of the crime, he had not been intimate with a woman in a long while and lived isolated on a farm with his dog.

He testified that he heard yelling before the girl joined him in the shower.

"There was no force at all - not on my part," he said.

Milbourne said he broke down and felt sick when he learned her true age.

"If I knew, I wouldn't have done those things," he said.

Defence counsel Simon Freitag said his client was naive and stumbled into a weird situation.

He said Milbourne felt his life had been destroyed by the incident and he had sympathy for the victim.

"He's got the shock of his life," Mr Freitag said.

But prosecutor Justin Whalley said Milbourne's evidence was "riddled with inconsistencies" and he lacked credibility.

Judge Alan Troy found Milbourne must have known the girl was underage and had been told by the father that he could have sex with her.

He said while Milbourne did not physically coerce the girl, it must have been obvious that she was being used as a sexual object by her father and was vulnerable.

"You committed these offences to achieve sexual gratification," Judge Troy said.

Milbourne is one of several men dubbed the "Evil 8" by the media, who abused the girl when she was aged between 11 and 13.

Milbourne had offered to testify against the father, but the man pleaded guilty and was previously sentenced to 22-and-a-half years behind bars.

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