A Mangerton man who gave an 11-year-old girl drugs and alcohol, causing her to become violently ill, has successfully appealed his jail term.
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Kwan Ie Kwo, a 59-year-old pensioner who lives alone, was sentenced to four months' jail in Port Kembla Local Court in July after confessing to supplying the girl with gin and bourbon and smoking cannabis with her in his apartment on January 6 this year.
However, Acting Judge Norman Delaney overturned the prison sentence in the District Court on Friday, accepting that Kwo was sorry for his actions and had not known that what he was doing was wrong.
The court heard the girl had only known Kwo for two days when she arrived at his unit that morning asking for cannabis and alcohol.
Kwo didn't have either, but agreed to go to Wollongong to buy them.
The girl returned to the unit and joined Kwo in smoking a bong while at the same time downing two shots of gin and a glass of Southern Comfort.
She was "incoherent" by the time he walked her home that afternoon.
The girl was taken to Wollongong Hospital, where she recorded a blood alcohol reading of 0.2 grams of alcohol per 100 millilitres of blood - four times the legal driving limit for fully licensed adults.
Kwo pleaded guilty to charges of providing liquor to a minor and supplying a prohibited drug but tried to downplay the seriousness of the situation during his local court sentencing, saying it was the girl who chose to ingest the substances and he thought she was older.
"She took it ... she drank it," Kwo said at the time. "I thought she was 16, she said she was 16."
During his appeal on Friday, Kwo was more apologetic, acknowledging that even if the girl had been 16 she still would have been below the legal drinking age and therefore he would still have committed a crime.
Defence lawyer Elizabeth Parkes said a friend of Kwo's supporting him in court confirmed that people often took advantage of him, and that having friends drinking and smoking at his house was his way of socialising.
Judge Delaney agreed to suspend Kwo's prison sentence, but also imposed an additional 12-month good behaviour bond.