A Wagga man was "dudded" when he placed an online order that arrived in Australia as a childlike sex doll, a magistrate has said.
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Andrew Ross Clark, 60, appeared in Wagga Local Court on Monday after he pleaded not guilty last year to importing a prohibited tier two good, namely a childlike sex doll, without approval.
The Mount Austin man was charged in January last year following an investigation into the importation of a childlike sex doll.
The item was intercepted from air cargo in Sydney during November 2019.
Police allege the doll was destined for Mr Clark's Wagga address.
Documents tendered to the court state the doll was made of silicon, approximately 120 centimetres tall, and depicting a minor of about 12 to 14 years old.
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This means the prosecution sought to prove that Mr Clark has or had a tendency to act in a particular way.
The prosecution also sought to determine, given the improbability of two or more similar events occurring in similar circumstances coincidentally, that Mr Clark did a particular act or had a particular state of mind.
Following the evidentiary hearing, Magistrate Christopher Halburd handed down his decision on Monday.
"This is a matter that has had some public interest," Magistrate Halburd said.
"In essence, this is a matter where the consumer was dudded.
"He bought an item from a foreign website ... that website guaranteed ... 'we promise you will get same as pictures'. What he got was not what he ordered."
Magistrate Halburd gave his full reasoning as to why he would not allow the submissions of tendency and coincidence.
The magistrate said what Mr Clark ordered online "did not resemble a young girl" or a "childlike sex doll".
Magistrate Halburd referenced the written submissions made by Mr Clark's defence barrister, Michael King.
This included how there was "no reason for misinterpretation" as to what Mr Clark's order was as he ticked various characteristics about what he wanted the doll to look like on the order form.
The prosecution and defence will now prepare further submissions before the matter returns to court on August 23.
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