CDirector of Public Prosecutions v Margetts

[2025] VCC 1128

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
   Suitable for Publication

Case No. CR-25-00159

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

v

STUART MARGETTS

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	23 July 2025
DATE OF SENTENCE:	7 August 2025
CASE MAY BE CITED AS:	CDPP v Margetts
MEDIUM NEUTRAL CITATION:	[2025] VCC 1128

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Use carriage service to make available child abuse material – No prior criminal history – Genuine remorse – Insight – Verdins – Excellent prospects of rehabilitation – Recognisance release order.

Legislation Cited:      Criminal Code (Cth) s 474.22(1)(a)(iii); Crimes Act 1914 ss 16A(1), 16A(2), 17A, 20(1)(b), 20(1)(b)(ii); Sex Offenders Registration Act 2004 s 34; Sentencing Act 1991 s 6AAA.

Cases Cited:R v De Leeuw [2015] NSWCCA 183; R v Gajjar (2008) NSWCCA 127; Phibbs v The King [2023] VSCA 123; Burton v R [2020] NSWCCA 127; R v Bredal [2024] NSWCCA 75.

Sentence:                  Imprisonment for a period of 12 months, to be released forthwith and upon giving a recognisance in the amount of $2,000 to be of good behaviour for a period of 2 years, with special conditions.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms R Doumit	Commonwealth Director of Public Prosecutions
For the Accused	Mr A Patton	Dribbin & Brown Criminal Lawyers

HIS HONOUR:

Introduction

1Stuart Margetts, you have pleaded guilty to one charge of use carriage service to make available child abuse material contrary to s 474.22(1)(a)(iii) of the Criminal Code (Cth) which carries a maximum penalty of 15 years imprisonment.

2You have no prior criminal history.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4You are currently 50 years of age and you were aged between 45 to 48 at the time of the offending.

Background

5FastMeet is a telephone chat service, primarily for gay, bisexual, and bi-curious men to meet other like-minded participants, by speaking directly or leaving recorded messages.

6FastMeet works by individuals dialling a landline to connect to the service and leaving an introduction voice message for others to hear. Whilst dialled in, users can listen to other messages and select individuals with whom they wish to connect with.

7Once a person is connected, they can move into a private ‘live’ chat room. The audio messages left by a user are recorded. When a user enters the ‘live’ chat room, a pre-recorded message advises ‘for your safety this service is being monitored and may be recorded’.

8In February 2024, police commenced an investigation into the use of the FastMeet service to describe child abuse material in audio messages for others to access. Police identified that one of the phone numbers used for such activity was a service ending in 738. This number was subscribed to you and linked to your address.

9On 4 April 2024, police executed search warrants at your residence in Balwyn North. You participated in a video recorded interview.

10In relation to the mobile phone handset and numbers, you told investigators that your mobile phone number was the number ending in 738 and that no one else has access to your phone.

11In relation to FastMeet, you told investigators that:

(a)   you started using ‘FastMeet’ a couple of years ago and used it approximately twice a week. Since your partner passed away, you began using it more, with the last time being on 3 April 2024;

(b)   you use ‘FastMeet’ for the purpose of having a ‘wank’, ‘it’s just a transactional, quick chat, talk dirty, then have a wank’;

(c)   you would talk, ‘fantasies stuff, taboo, first time experiences’. ‘Taboo’ means ‘dad/son’;

(d)   references to ‘first time experiences’ in those conversations meant ‘personal first-time experiences with a guy’; and

(e)   you stated ‘this is what I’ve done, I’ve had a wank with some guys, I’ve spoken inappropriately, kids getting off with kids, or kids getting off with dads on camping trips and that’s basically what it is, no going out, no finding like … I don’t have that sort of material (referring to Child Abuse Material). I’m totally honest. It’s more about, it was a bit of a game to go, ‘hey, how dirty can I get this guy to talk.’ That was more of the challenge rather than the contents….. push their boundaries.’

12During the interview investigators played some recordings to you. On the first recording played by investigators you stated, ‘I’m sorry I don’t think that’s my voice’.

13Investigators played another recording, and you stated, ‘that voice sounds like someone I have spoken to’. You further stated, ‘as I said I don’t know my own voice, but that voice doesn’t gel with me, the guy said he was 46, that’s three years ago’.

14Your Apple iPhone was seized and analysed. Located on the device were 124 outgoing calls made to the FastMeet service. Further, internet search history on the Apple iPhone revealed searches and access to FastMeet.

Summary of offending

15Between 9 November 2020 and 19 November 2023, you made available child abuse material in the form of audio recordings to 11 FastMeet users. The total number of recordings constituting child abuse material made available to those users was 197.

16In relation to each of the 11 FastMeet users the prosecution opening provides two examples of the audio recordings which I will not reproduce in these reasons for sentence. However, by way of illustration the first example provided in relation to the first FastMeet user is as follows:

“Yeah, dad, I’m 46, and I fucking just love thinking about having some fucking boys, naked little boys with their dads, for fuck parties, fucking men and fucking animals, and I just need to be satisfied, and little boys will do it for both of us, yeah, fucking it’s good and it’s just wrong, but it’s right, fuck, I’m masturbating my pedo dick, daddy.”

17The remaining examples are of a similar nature.

Nature and gravity of offending

18The general principles in relation to child abuse materials are well established. The offending is difficult to detect and has become increasingly prevalent via access through the internet. The charge of making available child abuse material is an inherently serious charge however it covers a wide range of conduct. The more traditional offending often involves the possession and/or distribution of child abuse material where children have been exploited in order to supply the market.[1]

[1] R v De Leeuw [2015] NSWCCA 183, [72] (Johnson J).

19In this instance the material is of a different nature as it involves written or audio recorded child abuse material and in that sense, there is no direct victim. Nonetheless as has been held in relation to other circumstances where there is no actual victim, such as the accused communicating with an undercover police officer, the conduct ‘is no less morally reprehensible’.[2]

[2] R v Gajjar (2008) NSWCCA 127, [36].

20More specifically, in this instance there remains the possibility that the written or audio recorded material could be accessed by others. As the Court noted in Phibbs v The King:[3]

Those statements were not simply items of conversation between two men which were without consequence. That is because the conversation was recorded and could be accessed by others, with the risk that the behaviour described in the statements could be normalised, and that individuals might be encouraged by the statements to physically engage in that behaviour or to access child pornography that depicts that behaviour.

[3] [2023] VSCA 123, [53].

21In this instance there is no doubt that messages that you made available to several FastMeet users involved highly depraved content depicting sexual acts with children. You left these messages to attract people of like mind however there is no evidence that the material was able to be shared beyond the direct recipient. As such, Mr Patton who appeared on your behalf submitted that in the circumstances your offending sits at the low range of seriousness for offending of this nature. However, the rolled up charge to which you have pleaded guilty involved sending some 197 messages over a three year period to 11 different users. In all the circumstances I accept the prosecution submission that your offending falls in the mid to low level range of seriousness.

Personal circumstances

22You were raised in Bulleen by both of your parents alongside your older sister. Your sister resides in Bacchus Marsh and has five children of her own with whom you maintain regular contact. You have a supportive relationship with both of your parents and maintain daily contact. Your family network is very strong.

23You experienced a normal and stable upbringing and recall your family home being a pleasant environment. Both of your parents worked hard to ensure you and your sister could attend private schooling and during your adolescence you participated in a number of extracurricular activities.

24You experienced no exposure to abuse, violence, alcohol and other drug use. Your family also maintained regular contact with extended family and travelled annually to Queensland to visit your grandparents.

25You completed your secondary education at Trinity Grammar through to Year 12 (VCE). You experienced significant behavioural challenges in your earlier years, struggling academically and with anger issues. You reflect that you were grappling with your sexual identity throughout this period which may have impacted your emotional regulation. You began to focus more on your studies in VCE and report doing well in Year 12. You went on to commence a Bachelor of Accounting at Monash University.

26During your university studies you developed significant health complications and were diagnosed with Type I Diabetes, ITP (Idiopathic Thrombocytopenic Purpura), a blood disorder that necessitated a splenectomy and Hodgkin’s lymphoma for which you underwent radiation treatment.

27Your diabetic management now requires careful monitoring and you remain vigilant about preventing infections.

28Despite these health challenges, you completed your degree at the age of 25 and commenced an accounting role at Woolworths’ head office. You have worked in various accounting roles since graduating, most recently working at Starward Whisky. Your employment was terminated in May 2025 following an incident where you attended a work function intoxicated.

29You have had one significant intimate relationship in your adult life. You met your long-term partner Dean in 1999 and moved in together approximately one year later. You remained in a committed relationship for 24 years until Dean’s sudden passing on 15 November 2022. You have experienced significant mental health concerns following Dean’s death.

30A psychological report authored by Rebecca Fakhri, psychologist, dated 16 June 2025 was tendered on the plea in which you describe a history of general emotional instability, with your mental health deteriorating simultaneously as you were undergoing treatment for Hodgkin’s lymphoma. During this time, you were prescribed a short course of antidepressant medication however no formal mental health diagnosis was made at the time.

31You acknowledge that you did not address your grief from the passing of your long term partner Dean in 2022 until August 2024 and that in the months following Dean’s death your alcohol use became more regular and excessive. Following the police raid of your home, your alcohol intake increased to two bottles of wine daily and in April 2024 you were hospitalised for psychiatric reasons. Ms Fakhri asserts that you present with an alcohol use disorder and that your hazardous consumption likely contributed to your offending by lowering your inhibitions and impairing your judgment in periods of heightened distress. You self-identify that you used alcohol and engagement with the ‘FastMeet’ chat platform as methods of coping during this time.

32Ms Fakhri further asserts that you present with intensified depressive symptoms and emotional numbness consistent with an Adjustment Disorder, which likely further impaired your capacity to regulate your offending behaviour. You report increased psychological distress and fleeting suicidal ideation in the context of Dean’s passing and your legal matters including feelings of low mood, distress and social isolation. Ms Fakhri opines that these symptoms make you psychologically vulnerable, even in the absence of a formal psychiatric illness.

33Regarding your offending behaviour, Ms Fakhri highlights that you do not present with the typical traits associated with sexual offending, such as distorted thoughts, antisocial behaviours, and disregard for the emotional and psychological needs of others. Further, your score on a CASIC test which correlates sexual interest in children indicates it is unlikely you meet the criteria for sexual interest in children. You do however, exhibit symptoms of loneliness, social difficulties, and mood problems which often occur in sexual offenders.

34You have been attending clinical psychology sessions with Dr Jarred Pennington since 12 September 2024 and are currently engaged with Psychologist Alessia Mattia as part of a sex offender treatment program. You have made meaningful progress in understanding and addressing your behaviour in these sessions and convey remorse for your actions. You have expressed a commitment to continued personal reflection and therapeutic engagement.

35A number of character references were tendered on the plea which I have read and taken into account. Together these references demonstrate that you have a strong and supportive social network with a large pool of friends who provide emotional support and stability. Each of these references describe you as a kind and thoughtful person and speak to the intense period of grief you have endured from the passing of Dean.  Notwithstanding the nature of your offering, your friends and family members remain supportive of you.

Sentencing considerations

36As the charge to which you have pleaded guilty is a Commonwealth charge, I am required to sentence you in accordance with Part 1B of the Crimes Act 1914 (‘Crimes Act’). Pursuant to s 16A(1) of the Crimes Act, the overarching principle is that any sentence I impose must be of ‘a severity appropriate in all the circumstances of the offence’. As part of that process, I must take into account the non-exhaustive list of matters pursuant to s 16A(2) of the Crimes Act that are relevant and known to the court.

37I first take into account your plea of guilty which was entered at the earliest opportunity, at the committal mention stage. I note also that you were cooperative with police and provided access to your electronic devices upon arrest. Your plea has saved the court considerable time and expense has thereby advanced the course of justice.

38Ms Fakhri reports that you have expressed remorse for your conduct and a commitment to ongoing treatment. You stated that you believed at the time you left the messages, your interactions were private, transactional and anonymous. However, you now appreciate the potential risks of making available to others child abuse material. In the circumstances I accept that you have developed insight and expressed a degree of genuine remorse.

39I take into account your psychological profile noting that Ms Fakhri formed the view that if you were required to serve a period of custody, given your psychological vulnerabilities, it would likely weigh more heavily on you than someone without your condition. In that regard I give some weight to Verdins principle 5.

40Turning to you prospects of rehabilitation. You come before the court with no prior criminal history. Since your arrest you have accepted responsibility for your conduct and taken significant steps towards your rehabilitation. You have engaged in offence specific treatment attending regular sessions with a psychologist since September 2024. You are committed to continue this treatment and you would be accepting of any other treatment programs that may be required as part of a sentence. You are in full time employment and despite the nature of your offending, you have the ongoing support of your family and friends. In all the circumstances I assess you prospects of rehabilitation as excellent.

41The primary sentencing consideration in cases such as this is general deterrence. As noted above, while the messages you left were not made available to the wider community, nonetheless the content of the messages depicted abhorrent acts of child sexual abuse and there remains the possibility that a recipient may be vulnerable or susceptible to act in the ways described.[4]

[4] Burton v R [2020] NSWCCA 127, [36].

42Ms Fakhri is of the view that given your risk has been assessed as ‘moderate’, you would benefit from further treatment. However your sustained engagement in treatment and observed insight in my view means that specific deterrence can carry less weight in the sentencing calculus.

43Mr Patton submitted that a community correction order that allows for ongoing treatment is able to meet the relevant sentencing considerations in this instance. Ms Doumit who appeared on behalf of the Commonwealth Director of Public Prosecutions submitted that the only appropriate sentence is a term of imprisonment with a portion of actual time to serve.

44Pursuant to s 17A of the Crimes Act, in my view, having considered other available sentences such as a community correction order, I am satisfied that a term of imprisonment is the only appropriate sentence. The question is then whether the presumption pursuant to s 20(1)(b)(ii), that there must be an actual portion of imprisonment to serve, is able to be displaced because of the existence of exceptional circumstances.

45Mr Patton submitted that exceptional circumstances can be established when consideration is given to two factors: your engagement in specific treatment over a sustained period, and the gravity of your offending, which because of its unique nature, places it in a lower category than other offences if this nature.

46In R v Bredal[5] the Court analysed s 20(1)(b) and the expression ‘exceptional circumstances’. Like other cases that have sought to define the term, the Court stated that ‘a combination of factors, each not in itself exceptional, may in combination demonstrate that the circumstances of the case are exceptional’[6]. The Court went on to say:

While a finding in relation to exceptional circumstances is a step in the sentencing process (after determining the s 17A threshold has been crossed, and determining the length of the sentence), the instinctive synthesis remains engaged. Whether the threshold is reached is not considered in a vacuum, but rather having regard to all the circumstances of the case.[7]

[5] [2024] NSWCCA 75.

[6] Ibid, [61].

[7] Ibid, [63].

47Having taken into account the considerable advancements you have made toward your rehabilitation together with the nature of your offending and having regard to all the circumstances, in my view exceptional circumstances are able to be established. As such the term of imprisonment I impose will not require you to serve an immediate period in custody but rather, you will be released with conditions, the most important of which will be the requirement that you continue to engage in supervised treatment in the community.

Sentence

48Mr Margetts would you please stand.

49Stuart Margetts, on Charge 1, use a carriage service to make available child abuse material, you are convicted and sentenced to 12 months imprisonment.

50Pursuant to s 20(1)(b) of the Crimes Act, I direct that you be released immediately upon giving a recognisance in the amount of $2,000 to be of good behaviour for a period of 2 years.

51Further, as a condition of the recognisance release order, you will be required to:

(a)   be of good behaviour for 2 years; and

(b)   be under the supervision of the Deputy Commissioner, Community Correctional Services and Sex Offender Management or his or her nominee for 2 years; and

(c)   attend, undertake and complete the Sex Offender’s Program within a period of 2 years; and

(d)   report to the Box Hill community corrections centre within 2 days from today;

(e)   report to and receive visits from a community corrections officer or officers; and

(f)    notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change; and

(g)   not to leave Victoria except with the permission of an officer at the specified community corrections centre; and

(h)   obey all lawful instructions and directions of community corrections officers.

52I am required to explain to you that if you breach the conditions of the order you may be brought back before the court to be dealt with for that breach, which could include being ordered to serve the prison component of the order, and you may forfeit the $2,000.

53The charge you have pleaded guilty to is a class 2 offence for the purposes of the Sex Offenders Registration Act 2004. As such you must comply with reporting conditions for a period of 8 years.

54Pursuant to s 6AAA of the Sentencing Act 1991, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 20 months imprisonment to be released after serving 9 months.