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A man was found guilty of possessing a childish sex doll after the rubber mannequin was presented to a jury that only wore a frozen hair clip attached to a wig.
Michael Brereton had denied the doll, found in a hidden room in a Western Sydney warehouse, looked like a child or that he used it for sex.
A jury of six men and six women who were in the Penithh court took one hour and 35 minutes on Friday to find 56-year-old Brereton guilty in what is considered a test case.
The Commonwealth violation of the possession of a childish sex doll was only introduced in 2019 and has a maximum fine of 15 years in prison.
Brereton had admitted that the doll was kept in a storage facility in Kings Park near Blacktown, but disputed that it looked like a person under the age of 18.
The doll was 142 cm to 143 cm long (4'8 “), from 'relatively slim' build, with narrow hips and other characteristics that are consistent with the appearance of a child, the jury heard.
Public Prosecutor David Jordan said that the doll also had 'visible breasts' and a vaginal cavity and vulva, who suggested that it was designed to be used for sex.
Michael Brereton (depicted outside Penrith District Court) has been found guilty of possessing a childish sex doll
Brereton denied the doll (photo), which was found in a hidden room in a Western Sydney warehouse, looked like a child or that he ever used it for sex
When the doll was found by the police, it wore a sleeveless slip or shift dress, joggers and a hair clip with the character Anna of the Disney animation film Frozen.
“It is the kind of hair clip that a child would wear, I'm going to introduce you, to someone aged 18 or older,” Mr. Jordan had told the jury.
To prove the violation, the crown not only had to set up Brereton in the possession of the doll – which he admits – but two other elements of the indictment.
One of those elements was that the doll looks like a person who is or seems to be under the age of 18 ' – that brereton was rejected violently.
The other was that “a reasonable person would probably consider that the doll was meant to be used by a person to simulate sexual intercourse.”
Brereton's lawyer, Zaid Khan, did not dispute that a reasonable person would make assumption, but said that his client did not admit that the doll was used for such purposes.
“It is not an element for you to consider whether that was in fact what Mr Brereton used the doll,” said Mr. Khan.
Mr. Khan said there was no evidence that Brereton used the doll for sex and asked the jury to 'not favor' and 'keep an open mind'.
Brereton, who has tattooed a few red lips on the left side of his neck, was in the dock while the doll was presented naked to a jury of six men and six women
The doll was 142 cm to 143 cm long (4'8 “), with narrow hips and other characteristics that are consistent with the appearance of a child. It is depicted for a police height
“You are not charged with assessing Mr. Brereton's morality,” he said. “It's not what we are for here.
'This type of pop – sex dolls – are not only legal, but represent a legitimate part of the entertainment industry for adults.
“They are only childish sex dolls that are illegal.”
Mr. Jordan said that the cotton buds of the genitals of the doll were taken and that the forensic analysis had not detected physical liquids or DNA from Brereton.
The doll was naked and wore a waist length wig on Wednesday when it was presented to the jury.
A police officer used scissors to open a paper evidence and then stand up the doll against the rear wall of the court so that it could be investigated.
Senior Constable Hayley Birch used latex gloves to handle the doll and pulled her away from his face, so that the functions could be seen well by the jury.
Brereton, who has tattooed a few red lips on the left side of his neck, was in the dock while senior agent Birch then produced the dress and shoes that the doll had previously worn.
Commonwealth Officer David Jordan said that the doll (photo before the court) had 'visible breasts' and a vaginal cavity, which were consistent with the used as a sex toy
When the doll was found by the police, it was wearing a sleeveless slip or shift dress, joggers and a hair clip with the character Anna of the Disney animation film Frozen
Plain Cleeren Senior Constable Rafael Mateo of the Raptor Team of the State Crime Command was one of the police who carried out a search order in Brereton's warehouse on 7 June 2023.
The court has heard that the search was not related to any investigation into something related to material for children.
Senior Constable Mateo said he walked through the warehouse after other officers had gone through the facility and found the doll.
It was located in a 'void' police initially had no access to access, but it could be entered by pushing aside racks mounted racks.
The doll stood in a knee-length supré dress and white, chestnut brown and beige joggers who seemed new due to the lack of wear on the soles.
Photos of the doll in the warehouse were given to the jury, just like other images, including one of the dolls that stood next to a police high card.
Mr. Jordan took only 20 minutes to outline his case to the jury, after they had previously warned them that they would be confronted with graphic material.
He described the location of the pop as 'hidden' in an area for the main warehouse.
Jordan asked jury members to take a special bill from the frozen hair clip and said that the length and construction of the doll, as well as other physical characteristics, suggested that it was intended to represent a child.
Senior Constable Birch was not aware of any legislation or guidelines with regard to length, weight or other functions that were used to define what a children's sekspop was.
Judge Craig Everson will hold a sense of direction on 7 March.
