A judge was so moved by the images of a pedophile who raped the two-year-old daughter of his Thai girlfriend that he suspended the case for three days.
The alleged child rapist Jason Daron Mizner was due to be sentenced in the District Court of Brisbane on Tuesday, but was postponed until Friday.
Judge Leanne Clare said she saw part of one of the dozens of rape tapes and found her "very confrontational" and needed to secure a fair sentence.
The vile pedophile Jason Daron Mizner (pictured), who raped the two-year-old daughter of his Thai girlfriend, should reduce his sentence because he suffered "torture" the last time he was in prison, argue his lawyers
"I think it would be better to put some distance between the visualization of that tape and the delivery of the sentence so that it does not overwhelm the sentence," he said.
The prosecution wants the 44-year-old to be imprisoned for life for the more than 60 sexual crimes committed against underage children against the child he pleaded guilty to.
His vile acts dating back to the early 2000s included more than 30 rape charges and video recordings of the assaults.
Mizner's lawyers argued that his sentence should be reduced because he suffered "torture" the last time he was in prison for a different crime.
The sentence for the child rapist in Queensland was delayed because the judge was so affected by the video of the assaults that she needed a break to guarantee a fair sentence
The pedophile spent years in a Thai prison for a separate sexual assault of another young child and claimed that the abuse should be taken into account.
"He received beatings and other tortures, partly in relation to (the Australian) offender," said Mizner's lawyer.
"The Australian Federal Police gave evidence in the (Thai) hearing about the Australian offense, so it is not a stretch that inmates in Thailand would have known."
Judge Clare argued that just because Mizner had a difficult time in a Thai jail, he should reduce his potential sentence.
"The report describes the hardships and abuses that his client has described, but saying that he has been tortured for 11 years is an exaggeration of the material," Judge Clare said.
The court was informed that Mizner, who was 31 years old at the time of the assaults, formed a relationship with the mother of the Australian girl, before committing the crimes for several months.
Mizner (pictured) allegedly committed crimes against a three-year-old child on the Gold Coast between 2003 and 2005
While on vacation in Thailand, the girl's mother found videos she had made and a variety of other unrelated child exploitation materials.
Mizner stayed in Thailand, where he formed a relationship with a local woman before assaulting his daughter and being arrested by the Thai authorities.
He served 11 years of a 35-year sentence and was deported when he was released on bail last year, and Australian authorities arrested him when he returned to Brisbane.
It is the second time the sentence is delayed, after a delay in September, when a doctor who prepares a psychological report for the court suffered a heart attack.
That report, the defense argued, showed that a motorcycle accident when Mizner was 21 years old left him with a brain injury that "uninhibited" him.
Judge Clare said she also showed that she had a "predilection for babies" and that she had a medium or high probability of reoffending if she was not incarcerated.
"Even a low risk of recidivism when it comes to raping babies is a substantial risk to deal with." When it's a medium to high risk … it's alarming, "he said.