A prosecution attempt to increase the time a former Bendigo doctor and convicted paedophile will spend in jail has failed.
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Justice Terry Forrest, Justice Karin Emerton and Justice Kristen Walker handed down their decision to dismiss the appeal on Friday morning.
Former emergency doctor Obiyo Chigozie Nwigwe, 45, appeared via video link from custody at the Court of Appeal for the short hearing, wearing a white shirt and tie.
The Director of Public Prosecutions lodged the appeal to argue Nwigwe should have received a higher sentence after his case was finalised in the County Court of Victoria last year.
It said the sentences imposed were 'manifestly inadequate'.
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Judge David Sexton sentenced Nwigwe in July 2021 to six years and six months' imprisonment, with a non-parole period of four years and three months.
This is not a case requiring the intervention of this court.
- Court of Appeal justices
He said in his sentencing remarks Nwigwe's offending was a breach of trust and a breach of his oath as a doctor to care for others.
The former doctor at Bendigo hospital pleaded guilty to four charges of sexual penetration of a child under 16 and one of using a carriage service to transmit indecent images to a child under 16.
In a judgement document released on Friday, the three Court of Appeal Justices said the sentence imposed was open to Judge Sexton.
The document said the sentence could be considered to be lenient, but the justices were not persuaded it was a failure in sentencing.
"This is not a case requiring the intervention of this court," the document states.
"His Honour's sentencing remarks were clear and cogent and his exercise of the sentencing discretion contained no error of principle."
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"The respondent has done lasting damage to a child who trusted him and to a family that was particularly kind and generous to him," the document states.
"His conduct was exploitative and supremely selfish.
"He breached in the most appalling way the trust of the people who were trying the hardest to help him settle into the community and to make him feel welcome."
Nwigwe had met the child and her family after moving to Ballarat in 2019.
The court heard in early February during the appeal the family felt they could trust Nwigwe as he was a "good Christian man" and an "honest and trustworthy doctor".
Nwigwe was described as a "wolf in sheep's clothing" as he "repaid their trust and generosity" by beginning to prey on the 13-year-old after his wife travelled overseas.
Nwigwe told the victim he loved her, kissed her and sexually penetrated her early on but the offending quickly escalated to "numerous acts" of sexual intercourse.
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He also sent naked photos of himself to the victim in an exchange of almost 1000 messages.
The victim said Nwigwe had stolen her innocence and her childhood from her.
She told the County Court in June she constantly felt physically sick, anxious, depressed and tired and had nightmares about the sexual assaults.
Nwigwe was married with three young children and living in Australia on a visa.
The court heard earlier in February Nwigwe's permanent residency had been cancelled, which meant he would likely serve every day of his six year and six months prison sentence.
Affected by this story? There is help available.
Phone Lifeline on 13 11 14, the Blue Knot Foundation on 1300 657 380, or Relationships Australia on 1300 364 277.
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