Director of Public Prosecutions v Hopkins
[2018] VCC 947
•7 June 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-01892
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| MITCHELL HOPKINS |
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JUDGE: | HER HONOUR JUDGE WILMOTH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 8 May 2018 | |
DATE OF SENTENCE: | 7 June 2018 | |
CASE MAY BE CITED AS: | DPP v Hopkins | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 947 | |
REASONS FOR SENTENCE
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Catchwords: Criminal law – sentence
Pleaded guilty to 12 Commonwealth charges: 5 charges of procuring persons under 16 for sexual activity – 1 charge each of: causing offence using a carriage service – soliciting child pornography using a carriage service – causing child pornography material to be transmitted to himself using a carriage service- making available child pornography material using a carriage service –transmitting child pornography material using a carriage service –transmitting indecent communication to a person under 16 using a carriage service – of knowingly possessing child pornography (State). Not all recipients/subjects children, but claimed to be – no physical meetings – offender lacked stable family life by biological parents - multiple foster homes – stable foster home from 14 years - introduced to child pornography at 15 – confusion as to sexual identity – psychosexually immature – no prior convictions – low to moderate risk of reoffending.
Cases cited: Adamson v R [2015] VSCA 194 at par 30; R v Poynder (2007) 171 A Crim.R.544; DPP (Cth) & DPP v Watson [2016] VSCA 73.
Sentence: Total effective sentence 3 years 3 months with nonparole period of one year 6 months - serious sex offender for charges 3 – 13; SOR life.
Prosecution summary attached
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms K. Hawker | OPP |
| For the Accused | Mr M. Reardon | VLA |
HER HONOUR:
1 Mitchell Lee Hopkins, you have pleaded guilty to one charge of having access to child pornography material using a carriage service, Charge 1. five charges of procuring persons under 16 for sexual activity, Charges 2, 4, 7, 8 and 11, one charge of causing offence using a carriage service, Charge 3, one charge of soliciting child pornography using a carriage service, Charge 5, one charge of causing child pornography material to be transmitted to yourself using a carriage service, Charge 6, one charge of making available child pornography material using a carriage service, Charge 9, one charge of transmitting child pornography material using a carriage service, Charge 10, one charge of transmitting indecent communication to a person under 16 using a carriage service, Charge 12 and one charge of knowingly possessing child pornography, Charge 13. All the charges are Commonwealth charges except for Charge 13.
2 The maximum penalties reflect the seriousness of these charges as follows. For Charges 1 and 2 and Charges 4 to 11 inclusive, the maximum penalty is 15 years imprisonment. For Charge 3 the maximum penalty is three years. For Charge 12 it is seven years and for Charge 13 ten years. In this case a term of imprisonment is warranted by the nature and extent of the offending but a substantial degree of leniency is necessary to reflect your particular circumstances, for reasons which I shall explain.
3 I shall be sentencing you to a total effective sentence of three years and three months' imprisonment to serve 18 months before being eligible for parole.
THE CHARGES
4 The details of the offences are set out in a document entitled "Summary of Prosecution Opening For Plea", together with annexures A[1], B[2] and C[3]. They will be appended to these sentencing remarks for ease of reference and what follows now will be a limited summary of that material. Henceforth I shall refer to it as the Prosecution Summary.
[1] Annexure A – Categorisation Model for Child Exploitation Material of the Australian National Victim Image Library
[2] Summary of Offences relating to Kik Messenger
[3]Extracts of relevant Chat Conversations
5 When the police searched your home on 23 March 2017 they seized several electronic devices. Forensic analysis of the devices revealed that you had engaged in a large number of chat sessions with people using the mobile application Kik Messenger. In the course of 46 conversations between 5 June 2016 and 20 March 2017 you used Kik Messenger to procure persons under 16 years of age for sexual activity and other purposes. Charges 2 to 12 inclusive arise from this material. I shall return to the details of those charges shortly.
6 As to Charges 1 and 13, Charge 1 is the Commonwealth charge of using a carriage service to access the material and Charge 13 is the State charge of possessing that material. The analysis also revealed that you had had access to a total of 1,791 files that constituted child pornography material between 22 December 2013 and 20 March 2017 and you were in possession of it at the time of the seizure. Details of the classification categories for these files are set out on pp.11 to 14 of the prosecution summary. It is sufficient to note here that all of the categories are represented.
7 Charges 2, 4, 7, 8 and 11 are charges procuring a person under 16 for sexual activity. The details vary considerably and it is difficult to generalise about them and to group them into categories. However, I have summarised them as follows.
8 Charge 2 is a rolled up charge relating to ten chat conversations between 5 June 2016 and 16 March 2017, in each of which you sought to procure a person whom you believed to be under 16 to engage in sexual activity with you via the internet.
9 In six of these ten sessions you also solicited, transmitted or caused to be transmitted to yourself child pornography. There were five images and two videos in categories 1 and 2. The categories are set out in annexure A. You asked the user to send you images of himself and his penis and the user sent you multiple unknown files. That user asked you for pictures of boys and you sent him files of which the contents are not known and a video that has been classified as category 2. Details of those conversations are set out in paragraphs 26 to 29 of the prosecution summary.
10 The details of Charges 4, 7, 8 and 11 are set out in paragraphs 18 to 25 of the prosecution summary. In each case the user, that is the person with whom you were communicating, claimed to be a teenager or younger. For example, Charge 8 is described in paragraph 23 detailing your conversation with a user claiming to be 11 years old. You asked him if he wanted to meet and you offered him $400 for sex and asked to see a photo of his penis. The user obliged and you asked for more pictures. The user said he had two younger brothers aged eight and six and asked you how much you would pay if he brought the six year old onto the Skype session. You replied, "A thousand dollars" and asked him to Skype you but there was no response. The conversation resumed two months later with the user disclosing that he was in Pennsylvania and you again suggested a Skype session but there was no response.
11 Charge 3 is a rolled up charge relating to five chat conversations between 11 June 2016 and 21 March 2017 in which you engaged in online conduct that is objectively offensive. The details of these charges are set out in paragraphs 30 to 33. You targeted young people between the ages of ten and 17 attempting to engage young users in sexual activity.
12 Charge 5 is a rolled up charge of soliciting child pornography material relating to 14 chat conversations between 8 July 2016 and 20 March 2017 in which you requested but did not receive child pornography material from another person. These were users who claimed to be aged between ten and 16 years. In most of these conversations you asked the user to send you sexualised images or videos of themselves.
13 Charge 6 is a rolled up charge of causing child pornography material to be transmitted to yourself. There were eight chat conversations between June 2016 and March 2017 in which you requested another person to send you child pornography material and it was sent. At your request a user sent you three category 2 videos, two category 4 videos and one category 5 video. Some of the users sent you sexualised material at your request claiming to be aged between 14 and 16. A total of seven images and eight videos were sent.
14 Charge 9 is a rolled up charge relating to four chat conversations between 23 June 2016 and 21 March 2017 in which you made available child pornography material by sending Drop box links to another person.
15 Charge 10 is another rolled up charge relating to five chat conversations between 24 June 2016 and 19 March 2017 in which you sent child pornography to another person. You sent three category 1 images and two category 2 videos.
16 Charge 12 is a rolled up charge relating to two chat conversations between 25 and 28 February 2017 in which you offered but did not send child pornography to a person you believed was under 16.
17 Whilst at your home on 23 March 2017 the police recorded your answers to questions they asked and you made admissions to much of what was put to you. You were then arrested, charged and released on bail.
18 You have no prior convictions but on 9 June you were arrested for further offending and breach of bail and you were remanded in custody in relation to those matters.
19 On 21 June a successful application for bail regarding those matters was heard. An application for revocation of the bail in relation to the current matters was refused and so you were released after 12 days.
20 Eventually you were fined for obtaining property by deception, making a false report to police, committing and indictable offence while on bail and breaching a condition of bail. Although this offending bore no direct relation to the type of offending for which I am now sentencing you, as I understand it, its relevance is that you obtained a new mobile phone having falsely reported your phone stolen. However, the police examined the phone and found no illegal material on it.
21 Two months later on 25 August 2017 you failed to appear at the committal mention of these matters but at a further committal mention on 15 September the case proceeded as a straight hand-up brief and you pleaded guilty to the charges. A plea hearing was listed for 22 January 2018 but was adjourned until 8 May.
PERSONAL BACKGROUND AND CIRCUMSTANCES
22 Turning to your personal background. You are now aged 22. These offences occurred between December 2013 and February 2017 when you were aged between 18 and 21.
23 You and your three brothers were placed in foster care when you were aged seven following parental drug and alcohol use and neglect. You had many foster placements until placed with the Rawlings family at the age of 14. You have a close relationship with your foster mother, Ms Rawlings and have some ongoing contact with your biological mother and with your foster father.
24 You disclosed to Ms Rawlings the nature of the charges but being ashamed and embarrassed you told no one else. She was in court to support you.
25 It seems you have a good employment record as you had part time jobs while still at school and when you left school, after completing the VCAL course, you commenced a mechanics apprenticeship. After completing three years you were retrenched in February this year with one year remaining and your employer was attempting to find a new placement for you. In the meantime you found full time work as a factory hand.
26 You have no substance abuse issues and you drink alcohol in moderation. You are now living with your three brothers in a share house. You have no prior convictions but you were dealt with in the Magistrates' Court last year for the charges I have already mentioned.
27 You were assessed recently by Mr Jeffrey Cummins, a clinical and forensic psychologist. He noted that in June last year your general practitioner had referred you to a psychologist for management of mixed depression and anxiety in the context of the court proceedings. The mental health care plan at that time also referred to an internet addiction. Mr Cummins explored that with you. It emerged that you had become addicted to watching adult pornography in your early teens and had subsequently become addicted to watching child pornography.
28 Mr Cummins said you presented as being immature, naïve, anxious and unsophisticated and that you were also relatively psychosexually immature. You, yourself, acknowledged ongoing confusion as to your sexual identity.
29 Mr Cummins said this about you and I quote from his report.
"In my opinion it is very probable his confusion regarding his sexuality interfered with his ability to accurately and comprehensively appraise the wrongfulness of his offending."
30 Mr Cummins also considers that you had symptoms of depression and anxiety at the time, reaching the level of major depressive disorder of mild severity, and that you were still suffering those symptoms at the time of the assessment he conducted.
31 Mr Cummins thought that you are at a very early stage in understanding your sexuality and in developing insight into the possible consequences for any young people concerned of your offending.
32 Mr Cummins was of the opinion that you attract the diagnosis of hebephilia which is sexual attraction to post pubescent persons who are under the legal age and you may also attract the diagnosis of paedophilia.
33 Mr Cummins concluded that you are at low to moderate risk of re-offending and that you have important protective factors which keep the risk at that level. You do not have problems with planning or supervision and you are motivated to participate in sex offender treatment, although you are somewhat fearful of it and that appears to have arisen from your confusion about your sexual orientation.
34 You have some secure family attachments and you did have employment and a strong motivation to complete your apprenticeship. According to Mr Cummins you have taken very seriously the situation you are now in, pleading guilty to serious sexual offences. These are all important factors in your prospects for rehabilitation.
35 Mr Cummins was also of the view that you are likely to be physically and psychologically vulnerable in prison which is a matter I take into account.
36 Your counsel, Mr Reardon, commenced his plea on your behalf by submitting that in a case such as this a sentence of imprisonment would usually be imposed, but he submitted that this is an exceptional case and he outlined and elaborated upon the reasons for that submission. Certainly it is not a simple case, as it has complexities requiring careful consideration.
37 Mr Reardon's main submission was that you are a young man, immature for your years and therefore your criminal culpability is reduced. Youth is a very significant factor in the assessment of an offender's prospects for rehabilitation and indeed the need for rehabilitation must be given greater importance in the case of a young person.
38 It is likely that you have the capacity to be a law abiding and contributing member of society and I say this despite the subsequent conviction to which I have already referred and the fact that you were charged in January this year with several driving charges that are still pending, the most serious of which I note is dangerous driving.
39 Apparently you were charged with that offence because you are alleged to have been travelling at a speed very much higher than the speed limit in the presence of other road users and pedestrians.
40 I am also bound by the principle that general deterrence is the paramount sentencing purpose in cases involving child pornography and procuring. Such offending is regarded with abhorrence by members of the community and it is well understood that any children who are thus exploited suffer harm. That exploitation and harm is perpetuated by the market which has been created and is maintained by those who watch it, hence the need for deterrence as well as appropriate punishment. The use of the internet to contact and exploit children is readily available and hard to detect.
41 In this case, of course, not all the recipients of the material or the subjects of the chat sessions were indeed children, although some were and others claimed to be and you treated them as such. For example, the user in relation to Charge 4, the details of which are set out in paragraph 18 of the prosecution summary, stated that he was 14 years old but later he disclosed to you that he was actually 20. In those cases no such harm can arise and there is no presumption of harm as automatically follows in the case of children[4].
[4] Adamson V R [2015] VSCA 194 at par 30
42 Such factors are relevant to my assessment of the gravity of the offending as is also the fact there were never any actual physical meetings resulting from the contact. Mr Reardon submitted that although such meetings were contemplated it was never, as he put it, a realistic possibility, only a fantasy. The user in relation to Charge 8, for example, lived in the USA.
43 Given that it was your professed intention to meet up if you could have, there is more than fantasy involved and that does contribute to the gravity of the offending, rendering the charges more serious.
44 Mr Reardon, in responding to the prosecution in this regard, noted in his plea submissions that the fact of procurement was conceded but not any escalation from that.
45 It does not follow from procuring being a preparatory offence that the presumption of harm does not apply[5]. The court in Adamson[6] which made that observation also referred to the New South Wales decision in R v Poynder [7]in which the court said that even if there was no intention to act on a fantasy this may still be relevant to sentence although not the most relevant feature.
[5] Ibid. par 45
[6] Adamson v R [2015] VSCA 194 at para 30
[7] R v Poynder (2007) 171 A crim.R. 544
46 The court went on to say,
"Even though a perpetrator of an offence of this kind may have no intention of acting out the fantasy in which he is indulging the conduct has a significant impact upon any child participating in it."[8]
[8] Ibid par 48
47 Regardless of whether there was always a child actually participating in the communication, in your case the element of fantasy does not necessarily reduce the gravity of the offence.
48 Clearly this offending, particularly that of procuring, was of grave seriousness but I accept that your appreciation of that was impeded by your youth, lack of insight and your psychological immaturity and naivety. That also plays a part in limiting your capacity for remorse.
49 I accept that you are ashamed and embarrassed and are somewhat remorseful but lack of insight linked to the absence of any treatment as yet appears to have prevented that.
50 Certainly your early plea of guilty can be accepted in that way because it means you have acted appropriately in taking responsibility for your behaviour and for avoiding a trial with all the expense and inconvenience that that causes.
51 Whilst lack of remorse may reduce your prospects for rehabilitation hopefully you will receive treatment as part of your sentence which will very likely remedy that deficit as your insight develops.
52 In any event, you are entitled to a discount on your sentence for having pleaded guilty and for having avoided what would likely have been a complex trial.
53 In cases such as this the need for specific deterrence is also of great importance but in your case the importance is somewhat reduced by the mitigating factors I have set out.
54 It was submitted by Mr Reardon on your behalf, as I said earlier, that your circumstances amount to an exceptional case and that therefore an appropriate punishment could be one which avoided prison, with a Community Correction Order being imposed or alternatively a term of imprisonment with a recognisance release order. While there are some unusual aspects to your case I do not agree that it is exceptional.
55 You were introduced to child pornography at the early age of 15, much younger than in many of the cases seen by the courts. It was also at this age that you first experienced confusion as to your sexual identity.
56 For most of your childhood you lacked the advantage of a stable family life and nurturing by your biological parents. You were moved around between multiple foster homes. The offending behaviour commenced, as I said earlier, in December 2013, a few weeks after your 18th birthday with most of it occurring when you were 20, and continued until March 2017 when you were 22.
57 In June 2017 you spent 12 days in custody for the summary matters committed after your arrest and I take that into account in a general sense, that this experience of prison had an indirect but recognisable link to the current charges and it was your first experience of prison.
58 As I said at the beginning of these remarks, a term of imprisonment is warranted by the nature and extent of the offending. There are many charges but there is considerable overlap between them and the principle of totality applies to operate as a limit on the cumulation of individual sentences.
59 I have had regard to sentences imposed by the courts in other cases, noting that no two cases are alike and other sentences can only provide guidance in a very general sense.
60 In Watson[9] the case emphasised the ease with which the internet is used in this type of offending and that it is a rapidly developing means by which vulnerable children are exploited But when comparing your case with others it is notable that while the duration of the offending period was considerable you were very young at the relevant time and the number of charges and the number of users were fewer than in many other cases.
[9] DPP (Cth) & DPP v Watson [2016] VSCA 73
61 Generally speaking, the nature of the material found on the devices was such that most of it was classified at the less serious end of the range of categories although a cluster of it was in category 4. I make that comment not to derogate from the seriousness of any of these categories but to indicate the relevance of the existence of the categories for the purposes of sentencing. In doing so I do not intend to diminish the objective gravity of the offending.
62 Your dysfunctional childhood and the fact that you yourself were introduced to child pornography at an early age, and that you were as an offender and still are a young person, means that your moral culpability is somewhat reduced and so I need place slightly less weight on general deterrence than would otherwise apply. That is to say it is to be sensibly moderated but remains a significant factor.
63 The prosecution submitted that a term of imprisonment with a non parole period is appropriate. Your counsel urged me to consider, as I said before, a Community Correction Order or if a term of imprisonment is warranted it should be with a Recognisance Release Order and that immediate release on that order would be appropriate in the circumstances.
64 However, the extent of your offending and the seriousness require that a term of imprisonment be imposed and because I have determined that it should exceed three years a Recognisance Release Order cannot be applied.
65 Would you stand now please, Mr Hopkins. I sentence you as follows and I have supplied copies of the sentence for counsel so they can follow.
66 For Charges 1, 4, 7 and 11 two years' imprisonment. These sentences are all to be served concurrently so they all begin today.
67 For Charge 2 the sentence is two years and six months' imprisonment to be served concurrently and it also begins today. The end date for this sentence is 7 December 2020.
68 For Charge 13 the term of imprisonment is 12 months and that is also to be served concurrently beginning today.
69 The sentence for Charge 5 is two years and six months. I order cumulation of one month so it will begin on 7 July 2018.
70 For Charge 6 the sentence is two years and I order cumulation of one month so it will begin on 7 February 2019.
71 For Charge 8 the sentence is two years and I order cumulation of three months so it will begin on 7 May 2019.
72 For Charge 9 the sentence is two years and I order cumulation of one month so it will begin on 7 June 2019.
73 For Charge 10 the sentence is two years and I order cumulation of one month so it will begin on 7 July 2019.
74 For Charge 3 the sentence is 12 months and I order cumulation of one month so it will begin on 7 August 2019.
75 For Charge 12 the sentence is 12 months and I order cumulation of one month so it will begin on 7 September 2020.
76 This results in a total effective sentence of three years and three months from today which is 7 June 2018 and it goes until 7 September 2021. I order that you serve a minimum period of one year and six months before being eligible for parole which will be in January 2020.
77 The provisions of s.6D and E of the Sentencing Act apply, so that for all charges after Charge 2 you are sentenced as serious sex offender. A disproportionate sentence in that regard has not been sought by the prosecution.
78 If you had pleaded not guilty to these charges I would have sentenced you to four years' imprisonment with a non parole period of two years.
79 Under the Sex Offenders Registration Act you will be required to report your details to the police every year for the rest of your life. You will be given a form to sign in relation to that shortly.
HER HONOUR: Mr Reardon, would you like to accompany my associate to the dock with that form.
MR REARDON: Thank you, Your Honour.
HER HONOUR: Are there any other matters?
MS HAWKER: No Your Honour.
MR REARDON: No Your Honour. May it please the court.
HER HONOUR: Thank you. You may take Mr Hopkins now. Thank you, officers. Mr Reardon, I should have mentioned this earlier but in my remarks I did mention some vulnerability issues so I'll perhaps put on the gaol order something to that effect.
MR REARDON: Yes Your Honour. May it please the court.
- - -
IN THE COUNTY COURT OF VICTORIA CR-17-01892
AT MELBOURNE
IN ITS CRIMINAL JURISDICTION
THE QUEEN
– v –
MITCHELL LEE HOPKINS
SUMMARY OF PROSECUTION OPENING FOR PLEA
INDICTMENT
The offender has pleaded guilty to the following offences:
| Number of Charges | Charge(s) on Indictment | Offence | Maximum Penalty |
| 1 | 1 | Access child pornography material using a carriage service [Criminal Code (Cth) s 474.19(1)(a)(i)] | 15 years |
| 5 | 2,4,7,8,11 | Procure a person under 16 years of age for sexual activity using a carriage service [Criminal Code (Cth) s 474.26(1)] | 15 years |
| 1 | 3 | Cause offence using a carriage service [Criminal Code (Cth) s 474.17(1)] | 3 years |
| 1 | 5 | Solicit child pornography material using a carriage service [Criminal Code (Cth) s 474.19(1)(a)(iv)] | 15 years |
| 1 | 6 | Cause child pornography material to be transmitted to himself using a carriage service [Criminal Code (Cth) s 474.19(1)(a)(ii)] | 15 years |
| 1 | 9 | Make available child pornography material using a carriage service [Criminal Code (Cth) s 474.19(1)(a)(iii)] | 15 years |
| 1 | 10 | Transmit child pornography material using a carriage service [Criminal Code (Cth) s 474.19(1)(a)(iii)] | 15 years |
| 1 | 12 | Transmit indecent communication to a person under 16 years of age using a carriage service [Criminal Code (Cth) s 474.27A(1)] | 7 years |
| 1 | 13 | Knowingly possess child pornography [Crimes Act 1958 (Vic) s 70(1)] | 10 years |
OVERVIEW OF OFFENDING
On 23 March 2017, police executed a search warrant at the offender’s residence. In a record of conversation, the offender made admissions to conduct constituting the online sexual exploitation of children. A number of electronic devices were seized during the execution of the search warrant.
Forensic analysis of the electronic devices revealed that the offender had engaged in a large number of chat conversations with persons using the mobile application Kik Messenger. In the course of 46 conversations between 5 June 2016 and 20 March 2017, the offender used Kik Messenger to procure persons under 16 years of age for sexual activity, cause offence, cause child pornography material to be transmitted to himself, make available child pornography material, transmit child pornography material, solicit child pornography material and transmit indecent communications to persons under 16 years of age. This conduct is the subject of charges 2 to 12 on the indictment.
Forensic analysis of the electronic devices further revealed that the offender had accessed a total of 1797 files that constituted child pornography material between 22 December 2013 and 20 March 2017, and had possessed that material at the time of the execution of the search warrant. This conduct is the subject of charges 1 and 13 on the indictment.
BACKGROUND
On 23 March 2017, following information received from the National Center for Missing and Exploited Children (‘NCMEC’), police from the Joint Anti-Child Exploitation Team attended the offender’s residence at 35 Verdant Avenue, Officer, for the purpose of executing a search warrant pursuant to the Crimes Act 1914 (Cth). The offender was present during the execution of the search warrant.
Between 6:37am and 8:52am, the offender participated in a record of conversation.[10] Following a caution, he made the following statements:
[10] Transcript of Record of Conversation (HUB pp 6 et seq).
·In respect of his access to and possession of child pornography:
oHe possessed electronic devices that contained child pornography, which he downloaded from links sent to him by people over Kik Messenger (Q50, Q90-Q95).
oHe does not get sexual gratification from watching the material (Q149).
o99% of the children in the child pornography are males from 10 to 15 years old (Q254, Q256).
oThe child pornography he viewed had young children “sucking each other off and stuff like that” and “just literally sex”. In some videos and images there are “older guys”, with things happening between them and the children (Q377-Q378, Q381-Q382).
o“That’s why I watch it, to see, like, what he [the older guy] does, really. … I personally would never, ever do something like that … But just watching him doing something to that child … you just keep watching it, because you just, like, think, why would you do this, really” (Q383-Q384).
·In respect of his use of Kik Messenger for child pornography:
oHis Kik username was Monaro97. He had had that account for about a year, and also had an account in the name Holdenvr11 for two to three years. He used both accounts for trading child pornography (Q98, Q101, Q304-Q306, Q313-Q317).
oHe was asked to join groups on Kik and then those groups sent links, which included child pornography. He first received a link a couple of months after first getting Kik, two years ago. He would download the contents of the link onto his computer. He has downloaded the files “for ages”, and the last time he downloaded was a week ago. He sent links maybe once a week (Q111-Q117, Q132, Q139-Q145, Q146-Q147, Q239).
oThe Dropbox links were to child pornography (Q524-Q525).
·In respect of his conversations with other persons using Kik Messenger:
oHe used a website called Omegle to find people and then talk to them on Skype or elsewhere (Q184-Q185).
oHe has chatted to “a few people” aged 10 to 14 years. In those conversations, “we just usually talk, trade those links, and, um, sometimes we would go on camera. … Play a game, truth or dare, usually, but that’s it”. Truth or dare “can be sexual sometimes”, but it usually “just goes down to, like, pants off, that’s it” (Q340-Q354).
oHe did the chats because “honestly I just find it interesting”. If it was “someone who was, like, seventeen or eighteen they’d tell you to F off, really … but if it was someone younger, they just – they start to like you, really. Like, you’ve got someone to talk to, pretty much, and they just talk, talk, talk” (Q357-Q358).
oHe started engaging in these chats and looking at child pornography when he was 15 or 16 years old, using a program called Chat Roulette (Q365-Q367).
oIn the “truth or dare”, he is “on camera”, “literally just watching”, though the other person can see him, but “[n]o one shows their face”. The most he has done on camera is “up to, like, pants off then shirt off, that’s it”. The other person would do the same thing (Q419-Q422, Q431, Q439).
oHe sometimes took screenshots of the other person, but he has not kept or shared them (Q442, Q456, Q461).
oHe has never asked the other person to do something sexual to themselves (Q455).
oHe has never tried to meet up with any children in Victoria, but a couple of months ago he met up with someone aged about 17 who he met in a Kik group chat (Q528, Q543-Q576).
oDuring chats with people aged 10 to 14 years, he has told them that he would buy them an iTunes voucher or other items. He denied that he would offer to give them things if they did certain things (Q598-Q599, Q609).
oHe stopped talking to children about two years ago when he got a new phone, and is now just in the group chats (Q613-Q617).
oThe 10 to 14 year old children would send him images of themselves, but he did not ask for them, although once they sent a picture he would ask for more. He has never sent them anything of himself or other children (Q633-Q645).
At the conclusion of the conversation, the offender was arrested. He was charged later on the same day.
Items seized during the execution of the search warrant included the following electronic devices:[11]
·an Apple iPad;
·a silver Apple MacBook Pro laptop;
·an Apple iPhone;
·a Western Digital hard drive; and
·a Toshiba laptop.
[11] Property Seizure Record Nos. 341301 and 341303 (HUB pp 69, 71).
Subsequent forensic analysis revealed that these five devices each contained files that constituted child pornography.[12]
[12] ARCARO (HUB pp 92-99).
10.Forensic analysis further revealed that the application Kik Messenger was installed on both the Apple iPad and the Apple iPhone.[13]
[13] ARCARO (HUB p 92).
OFFENCES RELATING TO KIK MESSENGER
11.Charges 2 to 12 relate to offences committed by the offender using Kik Messenger, which is an instant messenger application for mobile devices. It is available free of charge and enables a user to transmit and receive messages, photos, videos and other content to and from other users. Upon registration, a user supplies a name and birth date, but those details are not verified.
12.Kik Messenger was installed on the Apple iPad and the Apple iPhone that were seized at the offender’s residence. The username associated with the Kik Messenger application installed on the Apple iPad was “Holdenvr11”. The username associated with the Kik Messenger application installed on the Apple iPhone was “Monaro97”.
13.The offences were committed in the course of 46 chat conversations between the offender and other persons using Kik Messenger on the iPad and iPhone between 5 June 2016 and 20 March 2017.[14]
[14] See CD labelled “Appendix 1 & 2” exhibited to BANKS statement dated 24 July 2017 (HUB p 1215).
14.The chat conversations relevant to each charge are listed in Annexure B. The chat conversations are summarised in Annexure C.
Charges 2, 4, 7, 8 and 11 – Procure a person under 16 for sexual activity
15.The offender communicated with persons he believed to be under the age of 16 years with the intention of procuring those persons to engage in sexual activity with him in the course of 14 chat conversations with separate Kik Messenger users.
16.Charges 4, 7, 8 and 11 relate to separate chat conversations in which the offender sought to procure another person, being a person whom the offender believed was under the age of 16 years, to meet in person for the purpose of sexual activity with the offender.
17.Charge 2 is a rolled-up charge, relating to 10 chat conversations between 5 June 2016 and 16 March 2017 in which the offender sought to procure another person, being a person whom the offender believed was under the age of 16 years, to engage in sexual activity with the offender over the internet.
Charge 4 – Chat conversation with “wnflyboy Alec Daclay”
18.On 12 June 2016, the offender engaged in a chat conversation with a user identified as “wnflyboy Alec Daclay”.[15] The user stated that he was 14 years old and lived just outside Melbourne. In the course of the conversation, the offender offered to pay the user $200 if the user would “Let me suck you of” [sic]. In the course of the conversation, the offender stated that “age doesn’t matte” [sic], and in response to the question from the user “It’s illegal isn’t it”, stated, “No one will find out”. The user then agreed to meet, and the offender stated that “My house is free all week” and “I will pick you up”.
[15] Appendix 1 – Chat 28.
19.The user then revealed that he was 20 years old. The offender proceeded to solicit child pornography (being a particular of charge 5 – see below).
Charge 7 – Chat conversation with “james_briggs jam .”
20.Between 15 June 2016 and 18 June 2016, the offender engaged in a chat conversation with a user identified as “james_briggs jam”.[16] The user stated that he was 15 years old and lived in Kooyong in Melbourne. The offender asked whether the user is “Keen to meet up?”, and stated that he was 19 years old and lived in Berwick. In response to the question “what are we gonna do and where”, the offender stated, “Sex?”, “I’ll drive to u” and provided his mobile phone number. On 18 June 2016, the offender stated, “Are we even going to meet up”. The user did not reply.
[16] Appendix 1 – Chat 24.
21.The chat conversation resumed on 24 September 2016, at which time the user stated that he was 16 years old. The offender and the user continued to discuss meeting in person.
Charge 8 – Chat conversation with “seanothen Sean”
22.Between 19 June 2016 and 14 August 2016, the offender engaged in a chat conversation with a user identified as “seanothen Sean”.[17]
[17] Appendix 1 – Chat 23.
23.In a conversation between 19 June 2016 and 20 June 2016, the user stated that he was 11 years old and lived in Melbourne. The offender asked “Wanna meet up today”, and the user responded, “how much money”, “My mom is sick”, and “I’ll do practically anything”. The offender replied “$400” for “Sex”. The offender then asked to see the user’s penis. The user sent the offender an image that is classified as Category 1 child pornography.[18] The offender responded, “Wanna meet up today”. He then asked, “send me more pics please”, and stated, “Also if we do Skype I will pay u to show on that to” [sic]. The user stated that he had two brothers, aged 8 and 6 years, and asked, “If I bring my youngest brother how much then?”, to which the offender responded “$1000”. The offender then asked for the user to Skype him. The user ceased to respond, and the offender states “Bro”, “You there”, “How much u want” and “Dudeeee”.
[18] BANKS statement dated 24 July 2017 (HUB p 1214) [20].
24.The conversation resumed on 14 August 2016. The user stated that he was from Pennsylvania. The offender asked, “U have Skype and wanna get payed”, and offered $20. The user did not respond.
Charge 11 – Chat conversation with “Jake Burk”
25.On 12 December 2016, the offender engaged in a chat conversation with a user identified as “Jake Burk”.[19] After greeting the user, the offender requested that he “Call me”. The user responded: “I don’t have credit so u have to call me”, “I don’t wanna do anal”, and “I’m 15 so I can’t drive”. At the conclusion of the conversation, the user asked “Do u wanna meet tonight?”, “I wanna come to your place” and “U want to?”. The offender responded, “Yesssss”.
[19] Appendix 2 – Chat 38.
Charge 2 (rolled-up) – 10 chat conversations
26.Between 5 June 2016 and 16 March 2017, the offender engaged in 10 chat conversations with 10 separate users. In each of those conversations, the offender sought to procure the user, being a person whom the offender believed was under the age of 16 years, to engage in sexual activity with the offender over the internet.
27.For example, between 5 June 2016 and 11 September 2016, the offender engaged in a chat conversation with a user identified as “harborpearl6543 Merlijn van Teeffelen”.[20] The user stated that he was 15 years old. The offender stated, “if u can Skype sex like be my slave I will pay u”, and offered $20. The offender also requested that the user “go in bathroom and send me a video of u taking clothes of [sic] please”, and: “Like put the cam in a good spot so ur not holding it and so can see ur hole body and strip”.
[20] Appendix 1 – Chat 30.
28.In six of the chat conversations,[21] in the course of procuring the user for sexual activity, the offender also solicited, transmitted or caused to be transmitted to himself child pornography. This conduct is not a particular of charges 5, 6, 9 or 10, but constitutes a feature of the procure offending. In total, in these conversations he transmitted one image classified as Category 1 and two videos classified as Category 2, and caused to be transmitted to himself three images classified as Category 1.
[21] Appendix 1 – Chat 7; Appendix 1 – Chat 6; Appendix 1 – Chat 4; Appendix 1 – Chat 3; Appendix 2 – Chat 31; Appendix 2 – Chat 10.
29.For example, between 13 March 2017 and 16 March 2017, the offender engaged in a chat conversation with a user identified as “skylanderlove Jake”.[22] The user stated that he was 12 years old. The offender asked, “Wanna get payed for what u do?”, offering money, Xbox or Playstation points or Paypal, and stated, “Honestly, Skype and be my slave and all u have to do is strip clothes, show cock, wank and show ass hole”, offering $50 for “Each time u show”. In the course of an extensive conversation, the offender stated: “Idk why haha but for some reason I really like you haha”, “Wanna date”, and “I’ll be the best bf u ever had btw”. The offender proposed that he and the user use Skype so that “we can both wank and all that”. He made multiple requests for the user to send him images of himself and his penis, including a request for the user to “do a pick of ur face and body and with a peice [sic] of paper write, I love you mitchy come suck my big cock please and then I can wank”. In the course of the conversation, the user sent the offender multiple unknown files. The user also requested “pics r videos” of “boys any”, and the offender sent files including five Dropbox links (contents unknown) and a video that has been classified as Category 2.[23]
[22] Appendix 2 – Chat 10.
[23] BANKS statement dated 21 August 2017 (HUB p 1218) [10].
Charge 3 – Cause offence using a carriage service
30.Charge 3 is a rolled-up charge, relating to five chat conversations between 11 June 2016 and 21 March 2017 in which the offender engaged in online conduct that is objectively offensive.
31.For example, on 12 June 2016, the offender received a chat message from a user identified as “Jordan_Boutte”.[24] The user sent a screen capture of a post made by the offender on ‘Omegle’, which is a free online chat website that allows users to post classified advertisements. The post stated: “hey 19M bi Australia, Melbourne anyone here that is 10-17m wanna meet up for good money between $100-$400 will pay you, ONLY PEOPLE THAT LIVE IN MELBOURNE add me, my kik is holdenvr11 and Skype is holly.kidd15 we can Skype if you like, and no I’m not weird or anything”.
[24] Appendix 1 – Chat 27.
32.Similarly, on 11 June 2016, the offender engaged in a chat conversation with a user identified as “pretty.cool1 Ireally dunno”.[25] The user stated, “I’ll pay to watch lol”. The offender agreed and asked, “Would U join if I get a 13 or 14 year old”.
[25] Appendix 1 – Chat 29.
33.In a further three conversations, the offender offered to transmit child pornography to another person, being a person whose age was either unknown or at least 16 years, but did not do so. For example, between 30 June 2016 and 14 August 2016, the offender engaged in a chat conversation with a user identified as “Andy123901 andy ko”.[26] The user stated that he was 16 years old. In the course of the conversation, the offender asked, “Do u like young boys age 10-13?? Be honest”, and subsequently asked, “You want videos?”; “And links”. He later asked, “Would u suck a 10 year olds cock”.
[26] Appendix 1 – Chat 18.
Charge 5 – Solicit child pornography material
34.Charge 5 is a rolled-up charge, relating to 14 chat conversations between 8 July 2016 and 20 March 2017 in which the offender requested (but did not receive) child pornography material from another person.
35.In 11 chat conversations, the offender requested that the other persons, being persons whom the offender believed to be under the age of 18 years, send him a sexualised image or video of themselves, constituting child pornography material.[27] In those conversations, the other persons identified themselves as being aged between 10 and 16 years old.
[27] Appendix 1 – Chat 15; Appendix 1 – Chat 11; Appendix 2 – Chat 33; Appendix 2 – Chat 32; Appendix 2 – Chat 23; Appendix 2– Chat 18; Appendix 2 – Chat 15; Appendix 2 – Chat 11; Appendix 2 – Chat 7; Appendix 2 – Chat 6; Appendix 2 – Chat 1.
36.For example, between 16 March 2017 and 17 March 2017, the offender engaged in a chat conversation with a user identified as “Harrison_mb Harrison b”.[28] The user stated that he was 13 years old. The offender, who stated that he was 17 years old, asked, “Could I see ur cock pleaseee”. The user refused that and similar further requests. The offender then asked, “U want vids of young boys?”. The user said yes, and the offender asked again to see the user. The user refused, and the offender responded, “I will pay u” and “If you be my slave on here or Skype, I will pay you and buy you xbox points”. He later stated, “If you send me a dick pick I’ll pay you 10 dollar”; “Deal?”. The user replied, “No go away child molester”. The offender replied, “I’m 14?? How does that make me that”, and then, “haha I only said I was 17 cause I though u liked older guys”.
[28] Appendix 2 – Chat 7.
37.In a further three conversations, the offender requested that the other person send him child pornography material.[29] For example, on 6 March 2017, the offender engaged in a chat conversation with a user identified as “Cole”.[30] In the course of the conversation, the user stated that he had “pics of boys” and that “I like boys in underwear briefs diapers sex”. The offender replied, “Show me some”, and stated that he had “over 1000s of pics and vids”. In the course of the conversation, the offender repeatedly asked the user to send him material, in exchange for material held by the offender.
[29] Appendix 1 – Chat 28; Appendix 2 – Chat 24; Appendix 2 – Chat 17.
[30] Appendix 2 – Chat 17.
Charge 6 – Cause child pornography material to be transmitted to himself
38.Charge 6 is a rolled-up charge, relating to eight chat conversations between 14 June 2016 and 18 March 2017 in which the offender requested that another person send him child pornography material, and the other person did so.
39.In four chat conversations, the offender requested that the other person send him child pornography material, and the person did so, in the context of an offer to trade such material.[31]
[31] Appendix 1 – Chat 25; Appendix 1 – Chat 22; Appendix 1 – Chat 20; Appendix 2 – Chat 20.
40.For example, on 23 June 2016, the offender engaged in a chat conversation with a user identified as “kkgrant123 K K”.[32] The user asked, “Looking to Trade videos”. The offender confirmed that he was, and requested that the user send videos. The user sent a total of three videos classified as Category 2, two videos classified as Category 4 and one video classified as Category 5.[33] In the course of the conversation, the offender sent the user a Dropbox link, being a particular of charge 9 (see below).
[32] Appendix 1 – Chat 20.
[33] BANKS statement dated 24 July 2017 (HUB p 1214) [17].
41.In four further chat conversations, the offender requested that the other person, being a person whom the offender believed to be under the age of 18 years, send him a sexualised image or video of that person, constituting child pornography material, and the other person then sent him material classified as child pornography.[34] In those conversations, the other persons identified themselves as being aged between 14 years old and 16 years old.
[34] Appendix 1 – Chat 21; Appendix 1 – Chat 17; Appendix 14 – Chat 1; Appendix 1 – Chat 10.
42.For example, between 6 July 2016 and 14 August 2016, the offender engaged in a chat conversation with a user identified as “aidandh99 Ash O”.[35] The offender asked, “Wanna be my slave for $$”, and the user agreed. The offender stated that he was 13 years old, and the user stated that he was 16 years old. The offender asked, “Show ur cock”, and the user sent two images classified as Category 1.[36] The user asked, “Can you show yours?”, and the offender sent an image classified as Category 1, being a particular of charge 10 (see below).
[35] Appendix 1 – Chat 17.
[36] BANKS statement dated 24 July 2017 (HUB p 1214) [15].
43.In total in these conversations, the offender caused to be transmitted to himself child pornography material classified as follows:
| Category | Images | Videos | Total |
| 1: No sexual activity | 6 | 0 | 6 |
| 2: Solo/sex acts between child | 0 | 3 | 3 |
| 3: Adult/child non-penetrate | 1 | 0 | 1 |
| 4: Adult/child penetrate | 0 | 4 | 4 |
| 5: Sadism/bestiality/child abuse | 0 | 1 | 1 |
| 6: Animation | 0 | 0 | 0 |
| Total | 7 | 8 | 15 |
Charge 9 – Make available child pornography material
44.Charge 9 is a rolled-up charge, relating to four chat conversations between 23 June 2016 and 21 March 2017 in which the offender made available child pornography material by sending Dropbox links to another person. Dropbox is a file hosting service that offers cloud storage and file synchronization. A user may share the contents of their Dropbox with other persons by sending them a link. While the nature and content of the material made available by the offender is unknown, in each conversation it is apparent from context that the material constituted child pornography.
45.For example, on 23 June 2016, the offender engaged in a chat conversation with a user identified as “t.love99 Jeff Cp”.[37] The user stated that he was 14 years old and that “I have every age of boys nude”. In the course of the conversation, upon request by the offender, the user sent the offender a video classified as Category 4 and an image classified as Category 1, being particulars of charge 6 (see above). After receipt of the video, the offender sent three Dropbox links.
[37] Appendix 1 – Chat 22.
46.Similarly, on 10 March 2017, the offender engaged in a group chat conversation with users identified as “gym199984 Luc Loves Pablo”, “jt70001 ? ?”, “nickeyb420”, and “grandtour2 surfs up”.[38] The offender joined the conversation, which was titled “Boy linkup”, and stated, “I have heaps of links if u guys want some”. The user “gym199984 Luc Loves Pablo” stated, “10 min send warning for all active people send in 10 mins best pic vid or link will become admin”. The offender then sent three unknown files and 10 links, principally from Dropbox, stating “Password Young”. The offender then received a message stating: “You have been promoted to admin by Luc X”.
[38] Appendix 2 – Chat 12.
Charge 10 – Transmit child pornography material
47.Charge 10 is a rolled-up charge, relating to five chat conversations between 24 June 2016 and 19 March 2017 in which the offender sent child pornography material to another person.
48.For example, between 10 September 2016 and 24 September 2016, the offender engaged in a chat conversation with a user identified as “Dean”.[39] In the course of the conversation, the offender asked, “U want vids of boys aged 7-13”, and then sent a video classified as Category 2.[40]
[39] Appendix 1 – Chat 8.
[40] BANKS statement dated 24 July 2017 (HUB p 1213) [10].
49.In total in these conversations, the offender transmitted child pornography material classified as follows:
| Category | Images | Videos | Total |
| 1: No sexual activity | 3 | 0 | 3 |
| 2: Solo/sex acts between child | 0 | 2 | 2 |
| 3: Adult/child non-penetrate | 0 | 0 | 0 |
| 4: Adult/child penetrate | 0 | 0 | 0 |
| 5: Sadism/bestiality/child abuse | 0 | 0 | 0 |
| 6: Animation | 0 | 0 | 0 |
| Total | 3 | 2 | 5 |
Charge 12 – Transmit indecent communication to a person under 16
50.Charge 12 is a rolled-up charge, relating to two chat conversations between 25 February 2017 and 28 February 2017 in which the offender offered (but did not send) child pornography to a person he believed to be under the age of 16 years.
51.For example, between 25 February 2017 and 27 February 2017, the offender engaged in a chat conversation with a user identified as “tim.my02 Timmy Turner”.[41] The user stated that he was 13 years old. The offender asked, “u like vids and pics of young boys?”, and “Wanna see some”. In the course of the conversation, the offender repeatedly requested that the user send an image of his penis, being a particular of charge 5 (see above). The offender offered to send the user a video of “little kids fucking” if the user sent him an image of his penis “with a peice [sic] of paper saying mitch”.
[41] Appendix 2 – Chat 32.
OFFENCES RELATING TO CHILD PORNOGRAPHY ON DEVICES
52.Charges 1 and 13 relate to child pornography material that was located on electronic devices seized at the offender’s residence on 23 March 2017.
53.The child pornography material located on the devices was classified according to the categorisation model of the Australian National Victim Image Library (‘ANVIL’), which is set out in Annexure A.
Forensic analysis
Apple iPad
54.Analysis of the Apple iPad revealed that it contained a total of 18 files that constituted child pornography, classified as follows:[42]
[42] ARCARO (HUB p 93).
| Category | Images | Videos | Total |
| 1: No sexual activity | 2 | 2 | 4 |
| 2: Solo/sex acts between child | 3 | 6 | 9 |
| 3: Adult/child non-penetrate | 2 | 1 | 3 |
| 4: Adult/child penetrate | 0 | 1 | 1 |
| 5: Sadism/bestiality/child abuse | 0 | 1 | 1 |
| 6: Animation | 0 | 0 | 0 |
| Total | 7 | 11 | 18 |
55.The files that constituted child pornography had file creation dates between 7 June 2016 and 20 February 2017.
Apple MacBook Pro laptop
56.Analysis of the Apple MacBook Pro laptop revealed that it contained a total of 68 files that constituted child pornography, classified as follows:[43]
[43] ARCARO (HUB p 94).
| Category | Images | Videos | Total |
| 1: No sexual activity | 25 | 0 | 25 |
| 2: Solo/sex acts between child | 5 | 19 | 24 |
| 3: Adult/child non-penetrate | 1 | 2 | 3 |
| 4: Adult/child penetrate | 0 | 16 | 16 |
| 5: Sadism/bestiality/child abuse | 0 | 0 | 0 |
| 6: Animation | 0 | 0 | 0 |
| Total | 31 | 37 | 68 |
57.The files that constituted child pornography had file creation dates between 14 June 2016 and 20 February 2017.
Apple iPhone
58.Analysis of the Apple iPhone revealed that it contained a total of 171 files that constituted child pornography, classified as follows:[44]
[44] ARCARO (HUB p 96).
| Category | Images | Videos | Total |
| 1: No sexual activity | 92 | 0 | 92 |
| 2: Solo/sex acts between child | 22 | 2 | 24 |
| 3: Adult/child non-penetrate | 20 | 0 | 20 |
| 4: Adult/child penetrate | 28 | 3 | 31 |
| 5: Sadism/bestiality/child abuse | 4 | 0 | 4 |
| 6: Animation | 0 | 0 | 0 |
| Total | 166 | 5 | 171 |
59.The files that constituted child pornography had file creation dates between 29 December 2016 and 20 March 2017.
Western Digital hard drive
60.Analysis of the Western Digital hard drive revealed that it contained a total of 1514 files that constituted child pornography, classified as follows:[45]
[45] ARCARO (HUB p 97).
| Category | Images | Videos | Total |
| 1: No sexual activity | 912 | 2 | 914 |
| 2: Solo/sex acts between child | 210 | 44 | 254 |
| 3: Adult/child non-penetrate | 99 | 4 | 103 |
| 4: Adult/child penetrate | 207 | 24 | 231 |
| 5: Sadism/bestiality/child abuse | 9 | 0 | 9 |
| 6: Animation | 3 | 0 | 3 |
| Total | 1440 | 74 | 1514 |
61.The files that constituted child pornography had file creation dates between 22 December 2013 and 18 September 2016.
Toshiba laptop
62.Analysis of the Toshiba laptop revealed that it contained a total of 29 files that constituted child pornography, classified as follows:[46]
[46] ARCARO (HUB pp 98-9).
| Category | Images | Videos | Total |
| 1: No sexual activity | 19 | 0 | 19 |
| 2: Solo/sex acts between child | 5 | 0 | 5 |
| 3: Adult/child non-penetrate | 0 | 1 | 1 |
| 4: Adult/child penetrate | 3 | 1 | 4 |
| 5: Sadism/bestiality/child abuse | 0 | 0 | 0 |
| 6: Animation | 0 | 0 | 0 |
| Total | 27 | 2 | 29 |
63.The files that constituted child pornography had file creation dates between 14 June 2016 and 20 February 2017.
Summary of child pornography located on devices
64.In summary, the five devices referred to above contained a total of 1797 files that constituted child pornography, classified as follows:[47]
[47] BANKS (HUB p 4); ARCARO (HUB p 92).
| Category | Images | Videos | Total |
| 1: No sexual activity | 1047 | 4 | 1051 |
| 2: Solo/sex acts between child | 245 | 71 | 316 |
| 3: Adult/child non-penetrate | 122 | 8 | 130 |
| 4: Adult/child penetrate | 238 | 45 | 283 |
| 5: Sadism/bestiality/child abuse | 13 | 1 | 14 |
| 6: Animation | 3 | 0 | 3 |
| Total | 1668 | 129 | 1797 |
65.The files that constituted child pornography had file creation dates between 22 December 2013 and 20 March 2017.
66.A summary of the content of the files contained in each category is as follows:
·Category 1 – Victims depicted in this category predominantly appear to be boys in the pre-teen stage of development in sexually suggestive poses and with an explicit focus on genitalia. There is also a small number of images of toddlers.
·Category 2 – A large number of victims depicted in this category were pre-teen boys aged between approximately 7 and 12 years. There are also a number of girls aged 8 to 10 years licking boys’ penises. There is an image of two toddler boys, with one boy on all fours on a bed and the other boy with his genitalia close to the other boy’s bottom.
·Category 3 – There is an image of a boy aged between 1 and 2 years, with an adult erect penis in his hands and his mouth close to the end of the penis. There is also an image of two toddler-age vaginas close to each other with an erect penis and semen all over both vaginas.
·Category 4 – Victims depicted in this category were mostly boys aged between approximately six months and 12 years. The material includes oral penetration of a vagina and penile/mouth penetration. A large number of the images involve a number of child victims and an adult involved in the penetration of the anus or vagina of children under 10 years old.
·Category 5 – An image depicts a pre-teen female lying blindfolded on the floor and restrained by her wrists and ankles, fully naked with her legs open.
67.A sample of the child pornography contained on the devices is available for the Court to view.
SERIOUS SEX OFFENDER PROVISIONS
If sentenced to a term of imprisonment on any two of charges 1, 2, 4, 5, 6, 7, 8, 9, 10 and 11, the offender will fall to be sentenced as a serious sexual offender on charge 13 pursuant to part 2A of the Sentencing Act 1991 (Vic).[48]
[48] For the purposes of pt 2A of the Sentencing Act 1991 (Vic), a “serious sexual offender” means an offender (other than a young offender, defined as an offender who at the time of being sentenced is under the age of 21 years: s 3(1)) who has been convicted of two or more sexual offences, for each of which he has been sentenced to a term of imprisonment: s 6B(2)(a). The offences which are the subjects of charges 1, 2, 4 to 11 and 13 are each “sexual offences” for the purposes of pt 2A: s 6B(1), sch 1 cl 1(dan) (possession of child pornography), (df)(ii) (using a carriage service for child pornography material), (df)(vi) (using a carriage service to procure persons under 16 years of age).
69.A court that sentences a serious offender for a relevant offence must cause to be entered into the records of the court that the offender was sentenced for that offence as a serious offender.[49]
[49]Sentencing Act 1991 (Vic) s 6F(1).
SEX OFFENDER REGISTRATION
70.Charges 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 on the indictment are Class 2 offences under the Sex Offenders Registration Act 2004 (Vic), and are registrable offences.[50]
[50]Sex Offenders Registration Act 2004 (Vic) s 7, sch 2 items 28A(i) (using a carriage service for child pornography material), 28A(v) (using a carriage service to procure persons under 16 years of age), 28A(vii) (using a carriage service to transmit indecent communication to person under 16 years of age), 34(i) (possession of child pornography, being an offence that was a Class 2 offence at the time it was committed; see item 18 of sch 2 as at the time of the offence).
71.Upon sentence, the offender will be a registrable offender as defined in the Sex Offenders Registration Act 2004 (Vic).[51] He is therefore required to comply with the reporting obligations as set out in that Act. As he has pleaded guilty to three or more Class 2 offences, he is required to report for the remainder of his life.[52]
[51] Ibid s 6(1).
[52] Ibid s 34(1)(c)(iii).
OTHER MATTERS
The offender is 22 years old. He was 18 to 21 years old during the period of offending in respect of charge 1. He was 20 to 21 years old during the period of offending in respect of charges 2 to 10. He was 21 years old during the period of offending in respect of charges 11 to 13. He has no criminal history.
73.The offender pleaded guilty to the charges on the indictment at the committal mention at the Melbourne Magistrates’ Court on 15 September 2017.
74.The offender has not spent any time in custody for this offending.
75.In accordance with s 6AAA of the Sentencing Act 1991 (Vic), the Court must state the sentence it would have imposed but for the pleas of guilty.
ANNEXURE A – CATEGORISATION MODEL FOR CHILD EXPLOITATION MATERIAL OF THE AUSTRALIAN NATIONAL VICTIM IMAGE LIBRARY
| Category | Guide |
| 1. No sexual activity | Depictions of children with no sexual activity – however must be sexually suggestive or sexual in nature. Can include nudity, surreptitious images showing underwear (upskirt), sexually suggestive posing, explicit emphasis on genital areas, solo urination by a child. |
| 2. Solo/sex acts between children | Solo masturbation by a child or sexual acts between children only in which penetration of any orifice does not occur. Includes the penetrative use of sex toys by the victim only. |
| 3. Non-penetrative adult/child | Non-penetrative sexual activity, between child and adult(s). May include mutual masturbation and other non-penetrative sexual activity. |
| 4. Penetrative child/child – adult/child | Penetrative sexual activity between children only or adult(s) and children – may include, but is not limited to, vaginal/anal intercourse, cunnilingus and fellatio. Penetrative use of sex toys and/or foreign objects. |
| 5. Sadism, bestiality, child abuse | Sadism, bestiality or humiliation (urination, defecation, vomit, bondage, etc), torture or child abuse. |
| 6. Animated, virtual or text | Visual/audio or text representations of child pornography in a format that does not depict and/or feature a real child. |
ANNEXURE B – SUMMARY OF OFFENCES RELATING TO KIK MESSENGER
Charge 2 – Procure persons under 16 years of age for sexual activity using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 05.06.2016 – 11.09.2016 | “harborpearl6543 Merlijn van Teeffelen” | 1-30 | Charge 2 (procure – rolled-up) |
| 10.09.2016 – 23.11.2016 | “sky44 22” | 1-7 | Charge 2 (procure – rolled-up) |
| 22.09.2016 | “Smirky20 nathan” | 1-6 | Charge 2 (procure – rolled-up) |
| 19.12.2016 – 03.01.2017 | “panicpulse Marcus” | 1-4 | Charge 2 (procure – rolled-up) |
| 29.12.2016 – 03.01.2017 | “mattface3 kole simon” | 1-3 | Charge 2 (procure – rolled-up) |
| 25.02.2017 | “kturns2469 Kyle Turner” | 2-31 | Charge 2 (procure – rolled-up) |
| 26.02.2017 | “Ali1229Ali cali bamberger” | 2-25 | Charge 2 (procure – rolled-up) |
| 02.03.2017 – 03.03.2017 | “fuckmeinmyassdaddyxx Fuck Meeee” | 2-22 | Charge 2 (procure – rolled-up) |
| 02.03.2017 – 08.03.2017 | “London13345 Henry” | 2-21 | Charge 2 (procure – rolled-up) |
| 13.03.2017 – 16.03.2017 | “skylanderlove Jake” | 2-10 | Charge 2 (procure – rolled-up) |
Charge 3 – Cause offence using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 11.06.2016 | pretty.cool1 Ireally dunno” | 1-29 | Charge 3 (cause offence – rolled-up) |
| 12.06.2016 | “_Jordan_Boutte_” | 1-27 | Charge 3 (cause offence – rolled-up) |
| 30.06.2016 – 14.08.2016 | “Andy123901 andy ko” | 1-18 | Charge 3 (cause offence – rolled-up) |
| 11.07.2016 | “j7ff . .” | 1-13 | Charge 3 (cause offence – rolled-up) |
| 10.08.2016 – 21.03.2017 | “alanbrice21 Alan Brice” | 1-12 | Charge 3 (cause offence – rolled-up) Charge 9 (make available – rolled-up) |
Charge 4 – Procure a person under 16 years of age for sexual activity using a carriage service
| Date | Chat recipient | Chat | Charge |
| 12.06.2016 | “wnflyboy Alec Daclay” | 1-28 | Charge 4 (procure) Charge 5 (solicit – rolled-up) |
Charge 5 – Solicit child pornography material using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 12.06.2016 | “wnflyboy Alec Daclay” | 1-28 | Charge 4 (procure) Charge 5 (solicit – rolled-up) |
| 08.07.2016 | “SoccerIsCool7 soccer Lz” | 1-15 | Charge 5 (solicit – rolled-up) |
| 19.08.2016 | “smurfsrocks R.I.P Ronan” | 1-11 | Charge 5 (solicit – rolled-up) |
| 25.02.2017 | “JakethewarriorJTW Lance The New Me :)” | 2-33 | Charge 5 (solicit – rolled-up) |
| 25.02.2017 – 27.02.2017 | “tim.my02 Timmy Turner” | 2-32 | Charge 5 (solicit – rolled-up) Charge 12 (indecent communication – rolled-up) |
| 26.02.2017 | “saddyb162 Need messages” | 2-24 | Charge 5 (solicit – rolled-up) |
| 27.02.2017 – 09.03.2017 | “noah119198 Noah” | 2-23 | Charge 5 (solicit – rolled-up) |
| 05.03.2017 | “theanimelover 11 Adam Ramsey” | 2-18 | Charge 5 (solicit – rolled-up) |
| 06.03.2017 | Unknown – “Cole” | 2-17 | Charge 5 (solicit – rolled-up) |
| 06.03.2017 – 14.03.2017 | “exley22 h h” | 2-15 | Charge 5 (solicit – rolled-up) |
| 11.03.2017 – 12.03.2017 | “15yoboyaussie Bill Lock” | 2-11 | Charge 5 (solicit – rolled-up) |
| 16.03.2017 – 17.03.2017 | “Harrison_mb Harrison b” | 2-7 | Charge 5 (solicit – rolled-up) |
| 18.03.2017 – 19.03.2017 | “YUchiha Madara Uchiha” | 2-6 | Charge 5 (solicit – rolled-up) |
| 20.03.2017 | “zackchary123 jacob Sartorius” | 2-1 | Charge 5 (solicit – rolled-up) |
Charge 6 – Cause child pornography material to be transmitted to himself using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 14.06.2016 | “cammy_098 Cameron Bate” | 1-25 | Charge 6 (transmitted to self – rolled-up) |
| 23.06.2016 | “t.love99 Jeff Cp” | 1-22 | Charge 6 (transmitted to self – rolled-up) Charge 9 (make available – rolled-up) |
| 23.06.2016 | “kkgrant123 K K” | 1-20 | Charge 6 (transmitted to self – rolled-up) Charge 9 (make available – rolled-up) |
| 23.06.2016 | “Thepurpleplug (old)new account” | 1-21 | Charge 6 (transmitted to self – rolled-up) |
| 06.07.2016 – 14.08.2016 | “aidandh99 Ash O” | 1-17 | Charge 6 (transmitted to self – rolled-up) Charge 10 (transmit – rolled-up) |
| 10.07.2016 – 13.07.2016 | “Zephyr_Baldo Zephyr Baldo” | 1-14 | Charge 6 (transmitted to self – rolled-up) |
| 19.08.2016 – 19.12.2016 | “xblakeer Blake Turner” | 1-10 | Charge 6 (transmitted to self – rolled-up) |
| 04.03.2017 – 18.03.2017 | “ajpull A of the J” | 2-20 | Charge 6 (transmitted to self – rolled-up) |
Charge 7 – Procure a person under 16 years of age for sexual activity using a carriage service
| Date | Chat recipient | Chat | Charge |
| 15.06.2016 – 18.06.2016 | “james_briggs jam .” | 1-24 | Charge 7 (procure) |
Charge 8 – Procure a person under 16 years of age for sexual activity using a carriage service
| Date | Chat recipient | Chat | Charge |
| 19.06.2016 – 14.08.2016 | “seanothen Sean” | 1-23 | Charge 8 (procure) |
Charge 9 – Make available child pornography material using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 23.06.2016 | “t.love99 Jeff Cp” | 1-22 | Charge 6 (transmitted to self – rolled-up) Charge 9 (make available – rolled-up) |
| 23.06.2016 | “kkgrant123 K K” | 1-20 | Charge 6 (transmitted to self – rolled-up) Charge 9 (make available – rolled-up) |
| 10.08.2016 – 21.03.2017 | “alanbrice21 Alan Brice” | 1-12 | Charge 3 (cause offence – rolled-up) Charge 9 (make available – rolled-up) |
| 10.03.2017 | “gym199984 Luc Loves Pablo”; “jt70001 ? ?”; “nickeyb420”; “grandtour2 surfs up” | 2-12 | Charge 9 (make available – rolled-up) |
Charge 10 – Transmit child pornography material using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 24.06.2016 | “CarBro87 Jack Brown” | 1-10 | Charge 10 (transmit – rolled-up) |
| 06.07.2016 – 14.08.2016 | “aidandh99 Ash O” | 1-17 | Charge 6 (transmitted to self – rolled-up) Charge 10 (transmit – rolled-up) |
| 07.07.2016 | “smrufy1171 Benny” | 1-16 | Charge 10 (transmit – rolled-up) |
| 10.09.2016 – 24.09.2016 | Unknown – “Dean” | 1-8 | Charge 10 (transmit – rolled-up) |
| 19.03.2017 | “alexsiano galeguino de porvida” | 2-3 | Charge 10 (transmit – rolled-up) |
Charge 11 – Procure a person under 16 years of age for sexual activity using a carriage service
| Date | Chat recipient | Chat | Charge |
| 12.12.2016 | “Jake Burk” | 2-38 | Charge 11 (procure) |
Charge 12 – Transmit indecent communication to a person under 16 years of age using a carriage service (rolled-up)
| Date | Chat recipient | Chat | Charge |
| 25.02.2017 – 27.02.2017 | “tim.my02 Timmy Turner” | 2-32 | Charge 5 (solicit – rolled-up) Charge 12 (indecent communication – rolled-up) |
| 25.02.2017 – 28.02.2017 | “antonjackson14 James Pierro” | 2-30 | Charge 12 (indecent communication – rolled-up) |
ANNEXURE C – EXTRACTS OF RELEVANT CHAT CONVERSATIONS
The relevant Kik Messenger chat conversations are contained in the CD labelled “Appendix 1 & 2” exhibited to the BANKS statement dated 24 July 2017.
The chat conversation are identified by number in two appendices:
Appendix 1 – chat conversations located on the Apple iPad, with username “holdenvr11”.
Appendix 2 – chat conversations located on the Apple iPhone, with username “monaro97”.
CHARGE 2 – PROCURE PERSONS UNDER 16 YEARS OF AGE FOR SEXUAL ACTIVITY USING A CARRIAGE SERVICE (ROLLED-UP)
Chat 1-30: Conversation with “harborpearl6543 Merlijn van Teeffelen”
Date(s): 5 June 2016 – 11 September 2016
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
Recipient states that he is 15 years old. The offender asks to see a photo of his face. The following conversation ensues:
| Offender | Recipient |
| U need money? | |
| For? | |
| And how? | |
| Anything | |
| Like if u can Skype sex like be my slave I will pay u ? | |
| K | |
| How much? | |
| How much is reasonable’ | |
| Idk | |
| Ur suggestion? | |
| $20?? | |
| For? | |
| For being my slave? | |
| On Skype? | |
| I mean Time? | |
| Oh 20mins? | |
| So $1 per minute? | |
| Okay | |
| […] | |
| (Discussion about how recipient’s Skype is not working) | |
| Could u send me full body nude? | |
| Please | |
| I can’t send full i do can send parts | |
| Because my Sister is here aswell | |
| Yeah (emoticon) | |
| Send everything | |
| […] | |
| And can u go in bathroom and send me a video of u taking clothes of please | |
| Can do that gotta take oit Trash First so 2 min | |
| Okayy | |
| Send heaps okay | |
| Like put the cam in a good spot so ur not holding it and so can see ur hole body and strip | |
| I told you i can only send parts now for bathroom photo/vid you gotta wait till my Sister sleeps | |
| Okay | |
| Send parts | |
| Of everything |
The recipient sends no further messages.
Chat 1-7: Conversation with “sky44 22”
Date(s): 10 September 2016 – 23 November 2016
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
The offender asks the recipient if he wants money, and then says: “Was wondering if u would be willing to show cock on Skype or send vids here for money threw PayPal”. The recipient refuses.
The offender states that he is 13 years old. The recipient then states that he is 13.
The following conversations ensues:
oOffender: “Can I see u”
oRecipient: “No”
oOffender: “Your dick?”
oRecipient: “No”
The offender asks, “U want pics of young boys”, and then sends a video file that has been classified as Category 2 child pornography.[53]
[53] BANKS statement dated 24 July 2017 (HUB p 1213) [11].
Chat 1-6: Conversation with “Smirky20 nathan”
Date(s): 22 September 2016
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
The offender states that he is a 12 year old male. Recipient states that he is also a 12 year old male.
The offender asks for the recipient to “Send dick?”. The recipient then sends the offender an image classified as Category 1 child pornography.[54]
[54] BANKS statement dated 24 July 2017 (HUB p 1213) [9].
The offender then asks if the recipient has Skype, and then says:
o“Wanna be my slave (emoticon)”; and
o“And then I’ll be yours after ?”.
| Offender | Recipient |
| Yeah, whats youelr skype | |
| Holdenvr11 | |
| And ur my slave Okayy | |
| Okay ill do it, but if I cant do something im not gonna try do it | |
| Okayy (emoticon) | |
| Make sure clothes are on okay, and put ur cam in a good spot so I can see ur hole body okay | |
| I wanna watch u strip but I will tell u what to do | |
| I cant do that because im using my phone | |
| Just try to put it in a good spot | |
| Try | |
| Plus I cant do that because where i live its night and my family is sleeping and i cant turn on any lights | |
| Okayyy | |
| Otherwise id do it | |
| Just show me u taking pants and undies of | |
| U add me | |
| ? | |
| Done |
Chat 1-4: Conversation with “panicpulse Marcus”
Date(s): 19 December 2016 – 3 January 2017
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
The offender states that he is a 13 year old male. The recipient states that he is a 15 year old male. The recipient later states that he is from New Zealand.
The offender asks the recipient if “You want pics and vids of young boys”. The offender sends the recipient an image classified as Category 1 child pornograhy.[55]
[55] BANKS statement dated 24 July 2017 (HUB p 1213) [8].
The offender asks the recipient “Can I see u” and asks to see his “Cock and face”. The following conversation ensues:
| Offender | Recipient |
| I will pay u if u be my slave C | |
| ?* | |
| Real money? | |
| Yeah through PayPal | |
| If you pay first Wat will I have to do | |
| Show cock on Skype and wank | |
| Show ass hole and all | |
| Stir | |
| Strip | |
| How much money | |
| 50 | |
| Oh Na | |
| Can I see u | |
| Or see cock | |
| 100 | |
| 100 to wank and show ass | |
| Want more to strip | |
| Sorry but any less is bad cos I’m wealthy | |
| Yeah deal |
The chat log then ends.
Chat 1-3: Conversation with “mattface3 kole simon”
Date(s): 29 December 2016 – 3 January 2017
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
The offender states that he is a 14 year old female. The recipient states that he is a 14 year old male.
The offender requests a “D pic”.
The recipient sends two images, each of which has been classified as Category 1 child pornography.[56]
[56] BANKS statement dated 24 July 2017 (HUB p 1213) [7].
The offender proposes a “deal” to the recipient – “I will show you my boobs and Vigina [sic] and everything, if you show me ur cock and all that and wank on Skype for me first (emoticon)”. The recipient says “Ok” and states that his Skype is “flamedog253”. The offender states that he has added the recipient on Skype.
Conversation continues at a later time but nothing relevant.
Chat 2-31: Conversation with “kturns2469 Kyle Turner”
Date(s): 25 February 2017
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
The offender added the recipient from a group they were both in called “#10yer”.
The offender asks the recipient if he wants money to be his “slave” on Skype. The offender says that the recipient will have to “Just strip clothes and show cock and ass that’s all”, “And wank to”.
The offender states that he is 17 years old. The recipient states that he is 13 years old. The following conversation ensues:
| Offender | Recipient |
| So wanna do it on Skype ? | |
| U got a girl for me if I cum for u | |
| No but I have links of girls | |
| Yea so do i | |
| What’s ur Skype name ? | |
| I like little girls | |
| Yeahh I have them | |
| No I mean young young | |
| Yeah so do I haha | |
| What’s ur Skype name | |
| Umm I’m not sure about this | |
| I’m straight | |
| I’ll pay you $50?? | |
| Send the links u got ill give u my Skype if u got what I want but I’m skyping with my girlfriend rn | |
| Nah I’m not sending them after we Skype | |
| You’re crazy | |
| At lease send me cock and face first | |
| And then I’ll send and then we Skype | |
| He’ll no | |
| Just send cock | |
| For what | |
| Yo if I send u my dick and u don’t send links I’m reporting u | |
| Deal | |
| I always send these links anyways | |
| (Recipient sends an unknown image) | |
| Really? | |
| I told u | |
| You didn’t have links do u |
No further conversation follows.
Chat 2-25: Conversation with “Ali1229Ali cali bamberger”
Date(s): 26 February 2017
Charge(s) relating to this conversation: Charge 2 (procure – rolled-up)
Summary of chat conversation:
In a previous chat (Appendix 2 – Chat 26) at 4:09.05am on 26 February 2017, the recipient states that she is 13 years old.
The offender adds the recipient to this chat at 4:09.24am on 26 February 2017.
The offender states, “I’m 16m and just wondering if u need money or Xbox or PlayStation points?”, to which the recipient replies, “I need money”. They then discuss payment options. The offender proposes $100.
Later, the recipient asks, “Why do you have those pics of those little boys on your phone?”. The offender responds, “Because I thought you might like them, and I’m in a group chat that sends them that’s all and I like them”. He then says, “Any chance we can Skype and I be my slave and I’ll pay u?”.
The recipient asks to see some of the pictures. The offender states, “On one condition”, “We skype”. The recipient refuses.
The offender asks to see the recipient, who responds, “Not till I see them pics”, “Just a vid and I will see if I like them”. The offender responds, “I’ll give u 1 ok”. The offender sends an unknown file, and says, “I got more”.
The recipient asks, “Can I see little kids fucking?”, and the offender responds, “After u send me u”. The recipient says, “Ok I promise if u send a vid (no links) of little kids fucking”.
The offender states, “Just send face and then I’ll send it and then u send cock”. The recipient sends multiple unknown files. The offender states, “Send u again but with a peice of paper saying mitch and then I’ll send links”.
Chat 2-24: Conversation with “saddyb162 Need messages”
Date(s): 26 February 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender added recipient from a group they are in together called “#boyscudic”.
The following conversation ensues:
| Offender | Recipient |
| U have links | |
| Yes | |
| Could I see some pleaseee | |
| WHAT would you do for them | |
| Give us some, another guy has some but won’t give me any without trading, if u could give me some I can give u some? | |
| ILL give you some but you have to give me nudes of yourself to | |
| Deal but links first? | |
| YES but you have to take the pics the way I want | |
| AND what LINKS do you want? | |
| Boys please young |
Recipient then sends two Dropbox links.
Chat 2-23: Conversation with “noah119198 Noah”
Date(s): 27 February 2017 – 9 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender adds the recipient from a group they are in together called “#boyslittle”.
Recipient states that he is 16 years old.
The following conversation ensues:
| Offender | Recipient |
| You like pics of boys? | |
| Ya | |
| Don’t have any unfortunately | |
| I do (emoticon) lots | |
| Want some? | |
| Might as well lol | |
| Would u trade me u ? | |
| Sure (emoticon) | |
| Okay u send first and then me (emoticon) send face to pleaseee |
Recipient then sends two unknown files.
The offender then sends four unknown files.
The offender proposes a “deal” – “Skype with me and be my slave for me ? And I’ll send u heaps more ?”.
Later, the following conversation occurs:
| Offender | Recipient |
| Send cock | |
| What will I get in return | |
| Did u have pics of boys or girls | |
| Yeah | |
| Can u show me pics of little girls? | |
| Only have guys | |
| Ok that’s cool | |
| Send me some too get hard then I’ll show u my cock |
The offender then sends three unknown files.
Chat 2-18: Conversation with “theanimelover 11 Adam Ramsey”
Date(s): 5 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The recipient states that he is 15 years old, from Texas.
The offender asks to see him. The recipient sends an unknown file. The offender states, “Send cock (emoticon)”. The recipient says “Ok” and sends an unknown file.
There are no further messages from the offender.
Chat 2-17: Conversation with Unknown – “Cole”
Date(s): 6 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender added recipient to group they are in together called “#boysblogs.net”.
The following conversation ensues:
| Offender | Recipient |
| Any pics of boys | |
| Yeah and vids wbu | |
| Tons pics I like boys in underwear briefs diapers sex | |
| Show me some | |
| (Recipient sends unknown file) | |
| Do u have links | |
| Your turn | |
| I really need links with just pics | |
| Do u have links | |
| No can u send some | |
| I have links | |
| I need more than just 1 pic | |
| I need to know your real | |
| (The offender sends Dropbox link) | |
| That’s just a start | |
| I can’t watch vids I need pics | |
| I have different links | |
| Send more | |
| (Recipient sends unknown file) | |
| Please send link with pics | |
| Keep sending dude | |
| […] | |
| Lollll I have over 1000s of pics and vids, that one I sent u was just proof, btw I’m like the king with the pics and vids so pretty much your loss. | |
| Why ru mean | |
| (Recipient sends unknown file) | |
| Means I have over 1000s of pics and vids, I only messaged u to share what I havem everything u have I probs have | |
| So if u want what I have, 10 pics per link | |
| Ok |
Recipient proceeds to send multiple unknown files.
Chat 2-15: Conversation with “exley22 h h”
Date(s): 6 March 2017 – 14 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender added the recipient from a group they are in together called “#10yearoldboy”.
The recipient states he is 13 years old. The recipient states he is 17 years old, and says, “Also wanna get payed”. The following conversation ensues:
| Offender | Recipient |
| Can I see u ? | |
| I don’t do live if that what u askin | |
| That’s okay | |
| Can I just see a pic | |
| If u don’t mind | |
| U have Skype | |
| Send me ur cock? | |
| lol – what u have |
No further substantive conversation follows.
Chat 2-11: Conversation with “15yoboyaussie Bill Lock”
Date(s): 11 March 2017 – 12 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender states he is 17 years old.
The offender asks, “Wanna get Skype for u to be my slave ?”. He later asks, “When can we Skype and u be my slave and I’ll pay u”. He then states, “Also do u like vids of young boys”. The following conversation ensues:
| Offender | Recipient |
| Mmmm yes | |
| Do u have some | |
| Some? | |
| I’m like the king | |
| I have tons | |
| Send me then as payment and I do what ever u want on Skype | |
| Skype first okay | |
| No sorry |
The offender then sends five unknown files.
The offender states, “Send me ur hard cock”.
Chat 2-7: Conversation with “Harrison_mb Harrison b”
Date(s): 16 March 2017 – 17 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender adds recipient from a group they are in together called “#boyslittle”.
Recipient states that he is 13 years old from New York.
The offender asks to see recipient, who refuses.
The offender states that he is 17 years old.
The offender asks, “Could I see ur cock pleaseee”. Recipient refuses. The offender asks multiple times and is refused.
The offender asks, “U want vids of young boys ?”. Recipient replies, “I geuss”.
Later, the offender again asks to see the recipient, who refuses. The offender asks, “You want them pics and vids ?”. The recipient says yes, and the following conversation ensues:
| Offender | Recipient |
| Will u send me u | |
| No bye playing xbox | |
| I will pay u | |
| I will buy you Xbox live points so u can get map packs and all that | |
| Huh | |
| If you be my slave on here or Skype, I will pay you and buy you xbox points | |
| I don’t have videos | |
| I want videos of u | |
| Bye | |
| You know I’m 13 ? | |
| If you send me a dick pick I’ll pay you 10 dollar | |
| Deal? | |
| No go way child molester | |
| I’m 14?? How does that make me that | |
| You said u would send me u (emoticon) | |
| No your not | |
| Alright then haha I only said I was 17 cause I though u liked older guys |
Chat 2-6: Conversation with “YUchiha Madara Uchiha”
Date(s): 18 March 2017 – 19 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
The offender adds recipient from a group they are in together called “#12yearsgay”.
The recipient states that he is a 14 year old male from Germany.
The offender asks to see the recipient, who refuses. The offender then asks, “U want pics and vids of young boys”. The recipient refuses. The offender then asks, “Need money?”. The recipient says no.
The offender asks to see the recipient’s “cock”. The recipient refuses.
The offender states that he is 15 years old.
General conversation occurs, and then the following:
| Offender | Recipient |
| What are you doing | |
| Just waiting Netflix (emoticon) | |
| Oh okay | |
| Yeahh wish u were here | |
| Haha why | |
| Becuase you seem like an awesome person to be with | |
| Oh | |
| Would u like to be here ? (emoticon) | |
| Ahm yes | |
| Could be on my bed naked and cuddling while watching Netflix (emoticon) | |
| Ohhm okay (emoticon) | |
| Hahah yeahh | |
| U have snapchat | |
| Nope | |
| […] | |
| Can you do me a favour | |
| ? Favour | |
| Can you send me you pleasee bro | |
| No |
There is no further conversation.
Chat 2-1: Conversation with “zackchary123 jacob Sartorius”
Date(s): 20 March 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Summary of chat conversation:
Recipient states that he is 13 years old, from Florida. The offender asks to see him. The offender asks, “Can I see u cock pleaseeeee”. The recipient sends an unknown file. The offender states, “Make it harddd”. The recipient sends an unknown file.
CHARGE 6 – CAUSE CHILD PORNOGRAPHY MATERIAL TO BE TRANSMITTED TO HIMSELF USING A CARRIAGE SERVICE (ROLLED-UP)
Chat 1-25: Conversation with “cammy_098 Cameron Bate”
Date(s): 14 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self– rolled-up)
Summary of chat conversation:
Recipient asks the offender what “stuff” he has. The offender states, “Show me yours first”. Recipient proposes trading videos. Recipient asks ages; offender states “8-12”.
Recipient sends a video that has been classified as Category 4 child pornography.[59]
[59] BANKS statement dated 24 July 2017 (HUB p 1215) [21].
Chat 1-22: Conversation with “t.love99 Jeff Cp”
Date(s): 23 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 9 (make available – rolled-up)
Summary of chat conversation:
Recipient states that he/she is 14 years old, from the USA.
Recipient states that “I have every age of boys nude”. The offender states, “Send”. Recipient sends a video that has been classified as Category 4 child pornography.[60]
[60] BANKS statement dated 24 July 2017 (HUB p 1214) [19].
The offender asks if the recipient has links and asks him to send a link. Recipient sends two Dropbox links. The offender then sends three Dropbox links.
The offender states, “Send me something else”. Recipient sends an image that has been classified as Category 1 child pornography.[61]
[61] Ibid.
Chat 1-20: Conversation with “kkgrant123 K K”
Date(s): 23 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 9 (make available – rolled-up)
Summary of chat conversation:
Recipient asks, “Looking to Trade videos”. The offender states, “Yeah”. The offender states that he has links and requests that recipient sends videos.
The recipient sends a total of three videos that have been classified as Category 2 child pornography, two videos that have been classified as Category 4 child pornography and one video that has been classified as Category 5 child pornography.[62]
[62] BANKS statement dated 24 July 2017 (HUB p 1214) [17].
The offender sends a Dropbox link.
Chat 1-21: Conversation with “Thepurpleplug (old)new account”
Date(s): 23 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Summary of chat conversation:
Recipient states that he/she is 14 years old. The offender states that he is 18 years old.
The offender asks, “Send me a nude of u (emoticon)”. Recipient sends an image that has been classified as Category 1 child pornography.[63]
[63] BANKS statement dated 24 July 2017 (HUB p 1214) [18].
Chat 1-17: Conversation with “aidandh99 Ash O”
Date(s): 6 July 2016 – 14 August 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 10 (transmit – rolled-up)
Summary of chat conversation:
The offender asks recipient, “Wanna be my slave for $$”, and recipient replies, “Ok”.
The offender states that he is a 13 year old male. Recipient states that he is a 16 year old male.
The offender states, “Show ur cock”. Recipient sends two images that have been classified as Category 1 child pornography.[64]
[64] BANKS statement dated 24 July 2017 (HUB p 1214) [15].
Recipient states, “Can you show yours?”. The offender sends an image that has been classified as Category 1 child pornography.[65]
[65] Ibid.
Chat 1-14: Conversation with “Zephyr_Baldo Zephyr Baldo”
Date(s): 10 July 2016 – 13 July 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Summary of chat conversation:
The offender states he is a 14 year old male. Recipient states that he is also a 14 year old male.
The offender asks recipient to “Send cock”. Recipient sends an image that has been classified as Category 1 child pornogaphy.[66]
[66] BANKS statement dated 24 July 2017 (HUB p 1213) [13].
The offender states that “I have heaps of links and vids of young boys age 7-13 u want some”. Recipient says yes but offender does not send.
Chat 1-10: Conversation with “xblakeer Blake Turner”
Date(s): 19 August 2016 – 19 December 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Summary of chat conversation:
The offender offers money to the recipient and states “I’ll pay u to be my slave”. The recipient replies “Possibly”, and asks if the offender has any videos. The offender and the recipient then commence negotiations for the offender to send the recipient videos or links, and for the recipient to send the offender pictures of himself.
The recipient states that he is 15 years old, from Sydney.
The offender requests that the recipient sends him a “dick pic”. He then states that “I’m like the video of boys King”, and “I have over 3000 vids over 5000 pics trust me it will be ur lost not mine”. The recipient replies, “If you want me to be your slave, send the link”. The offender replies, “Not until u send cock or face with 2 fingers up”.
The recipient sends the offender an image that has been classified as Category 1 child pornography.[67]
[67] BANKS statement dated 24 July 2017 (HUB p 1213) [12].
Chat 2-20: Conversation with “ajpull A of the J”
Date(s): 4 March 2017 – 18 March 2017
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Summary of chat conversation:
The recipient states, “I see you have it”. It is not apparent what he is referring to. The following conversation ensues:
| Offender | Recipient |
| What would you like for it | |
| What u have? | |
| Boys and girls | |
| Send me all ur boys | |
| That a lot of links | |
| How my favorite link | |
| Send me an many as u can if u really want vids of him (emoticon) | |
| How about just my favorite | |
| Ok | |
| (Recipient sends two unknown links) | |
| Here my top 2 | |
| (Recipient sends an unknown Dropbox link) | |
| 3 is good enough | |
| It’s so annoying becuase I have already seen them (emoticon) | |
| […] | |
| I have over 3 thousand vids haha | |
| Well I am looking for a different boy do you have him | |
| What u mean | |
| (Recipient sends unknown file) | |
| I am trying to find him | |
| So another person is looking for a different boy and we are trading links with him | |
| Iv got him tooo | |
| How many vids of him? | |
| A few | |
| I’ll give you like 10 links for all the vids | |
| Okay go |
The recipient then sends multiple Dropbox links.
The offender then asks the recipient questions, including “U ever done anything with a boy before ?” and “Would u have sex with a 6-12 year old ?”.
In the course of the conversation, the recipient sent the offender an image that has been classified as Category 3 child pornography.[68]
[68] BANKS statement dated 21 August 2017 (HUB p 1218) [11].
CHARGE 7 – PROCURE A PERSON UNDER 16 YEARS OF AGE FOR SEXUAL ACTIVITY USING A CARRIAGE SERVICE
Chat 1-24: Conversation with “james_briggs jam .”
Date(s): 15 June 2016 – 18 June 2016
Charge(s) relating to this conversation: Charge 7 (procure)
Summary of chat conversation:
Recipient states that he is 15 and lives in Melbourne, in Kooyong. The offender asks, “Keen to meet up?”, and the recipient replies, “Definitely”. The offender states that he is 19 and lives in Berwick.
The offender asks again, “Wanna meet up”. The recipient responds “Maybe”; “Depends”, and says, “Idk what are we gonna do and where”. The offender says “Sex?” and states that “I’ll drive to u”. The offender provides his mobile phone number.
Later, the offender states, “Are we even going to meet up”. The recipient does not reply.
The above conversation took place on 15-18 Jun 2016.
The conversation resumes on 24 Sep 2016. At that time, the recipient states that he is 16. The offender states that he is 17. They then discuss meeting up.
CHARGE 8 – PROCURE A PERSON UNDER 16 YEARS OF AGE FOR SEXUAL ACTIVITY USING A CARRIAGE SERVICE
Chat 1-23: Conversation with “seanothen Sean”
Date(s): 19 June 2016 –14 August 2016
Charge(s) relating to this conversation: Charge 8 (procure)
Summary of chat conversation:
Recipient states that he/she is 11 years old and that he/she lives in Melbourne. The following conversation ensues:
| Offender | Recipient |
| Wanna meet up today | |
| how much money | |
| My mom is sick | |
| I’ll do practically anything | |
| $400 | |
| What do I got to do | |
| Sex | |
| (emoticon) | |
| What | |
| ? | |
| How old are you | |
| I’m 19 that okay | |
| I’m 11 | |
| Do u care if I’m 19 | |
| No | |
| How big is it | |
| 6 inch | |
| […] | |
| Can I see yours | |
| Yeah | |
| Okay show (emoticon) | |
| Can you make me hard | |
| I wanna see it soft | |
| And then I’ll make u hard | |
| I can’t believe I’m doing this | |
| Why | |
| U want the money | |
| I know but I’m not gay | |
| Can u please do it | |
| Is it 400? With or without busy | |
| Busy | |
| With out bust | |
| What does bust mean | |
| Cum | |
| Oh with cum | |
| But if u can’t than that’s okay | |
| FUCK its ugh | |
| If you cum in me can you add 50..? | |
| Yeah deal | |
| Agh alright | |
| Send dick now | |
| (Recipient sends image that has been classified as Category 1 child pornography)[69] | |
| Wanna meet up today | |
| Yes or no | |
| I can’t today I gotta watch her is tomorrow good? | |
| I can’t unless it’s at night time? | |
| I’ll sneak out | |
| Can u get Skype please | |
| I’ll try | |
| Okay try to do it now | |
| And send me more pics please | |
| Also if we do Skype I will pay u to show on that to | |
| I got two younger brothers | |
| Baghdad | |
| Ur perfect | |
| Nahhh | |
| ** | |
| 8 and 6 | |
| I want u | |
| […] | |
| Am I getting fucked the whole time like what do I got to do | |
| You can do anything you like to me | |
| So I’m fucking you? | |
| Yea | |
| Your not fucking me? | |
| Yeah I am | |
| Okay | |
| […] | |
| If I bring my youngest brother how much then ? | |
| $1000 | |
| For how long | |
| Idk | |
| But Skype first before we do anything | |
| I’m trying alright | |
| If all 3 of us came there… | |
| Nah yo much | |
| To | |
| Will do anything | |
| I mean it | |
| Skype first | |
| […] | |
| If all of us came | |
| How much please | |
| $100 | |
| Will do anything | |
| $1000 | |
| It’s all I have | |
| You can even make us fuck each other | |
| Skype | |
| Now | |
| Please | |
| Alright | |
| Done ? | |
| Bro | |
| You there | |
| How much u want | |
| Dudeeee |
[69] BANKS statement dated 24 July 2017 (HUB p 1214) [20].
The above conversation took place on 19-20 June 2016. The conversation resumed on 14 August 2016. The recipient then states that he is from Pennsylvania. The offender states, “U have Skype and wanna get payed”. The recipient asks how much. The offender states “How much u think to be my slave?” and then proposes $20. The recipient does not respond.
CHARGE 9 – MAKE AVAILABLE CHILD PORNOGRAPHY MATERIAL USING A CARRIAGE SERVICE (ROLLED-UP)
Chat 1-22: Conversation with “t.love99 Jeff Cp”
Date(s): 23 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 9 (make available – rolled-up)
Summary of chat conversation: See above.
Chat 1-20: Conversation with “kkgrant123 K K”
Date(s): 23 June 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 9 (make available – rolled-up)
Summary of chat conversation: See above.
Chat 1-12: Conversation with “alanbrice21 Alan Brice”
Date(s): 10 August 2016 – 21 March 2017
Charge(s) relating to this conversation: Charge 3 (cause offence – rolled-up)
Charge 9 (make available – rolled-up)
Summary of chat conversation: See above.
Chat 2-12: Conversation with “gym199984 Luc Loves Pablo”; “jt70001 ? ?”; “nickeyb420”; “grandtour2 surfs up”
Date(s): 10 March 2017
Charge(s) relating to this conversation: Charge 9 (make available – rolled-up)
Summary of chat conversation:
The offender joins group conversation. Group named “Boy linkup”.
The offender states, “I have heaps of links if u guys want some”.
Recipient “gym199984 Luc Loves Pablo” states, “10 min send warning for all active people send in 10 mins best pic vid or link will become admin”.
The offender sends three unknown files, and 10 links, mainly from Dropbox, with “Password Young”. The offender is then promoted to admin.
CHARGE 10 – TRANSMIT CHILD PORNOGRAPHY MATERIAL USING A CARRIAGE SERVICE (ROLLED-UP)
Chat 1-10: Conversation with “CarBro87 Jack Brown”
Date(s): 24 June 2016
Charge(s) relating to this conversation: Charge 10 (transmit – rolled-up)
Summary of chat conversation:
Recipient states: “Im sending live, so send a vid of 7yr old boy then ill send 2”. Recipient states that he is sending himself, “and i got other guys around me too”. Recipient states that he is 14 years old.
The offender sends a video that has been classified as Category 2 child pornography.[70]
[70] BANKS statement dated 24 July 2017 (HUB p 1214) [16].
Chat 1-17: Conversation with “aidandh99 Ash O”
Date(s): 6 July 2016 – 14 August 2016
Charge(s) relating to this conversation: Charge 6 (transmitted to self – rolled-up)
Charge 10 (transmit – rolled-up)
Summary of chat conversation: See above.
Chat 1-16: Conversation with “smrufy1171 Benny”
Date(s): 7 July 2016
Charge(s) relating to this conversation: Charge 10 (transmit – rolled-up)
Summary of chat conversation:
The offender states that he is a 14 year old male. Recipient states that he/she is 13 years old.
The offender requests that recipient send him “face”. Recipient replies, “After you”. The offender then send an image that has been classified Category 1 child pornography.[71]
[71] BANKS statement dated 24 July 2017 (HUB p 1213) [14].
Chat 1-8: Conversation with Unknown – “Dean”
Date(s): 10 September 2016 – 24 September 2016
Charge(s) relating to this conversation: Charge 10 (transmit – rolled-up)
Summary of chat conversation:
The offender states that he is a 13 year old male and proposes “Skype sex” to the recipient, who agrees (although it does not appear to eventuate).
The offender asks, “U want vids of boys aged 7-13”, and then sends the recipient a video that has been classified as Category 2 child pornography.[72]
[72] BANKS statement dated 24 July 2017 (HUB p 1213) [10].
Chat 2-3: Conversation with “alexsiano galeguino de porvida”
Date(s): 19 March 2017
Charge(s) relating to this conversation: Charge 10 (transmit – rolled-up)
Summary of chat conversation:
The recipient asks for material to be sent. The following conversation ensues:
| Offender | Recipient |
| Please send! | |
| What will u send back | |
| Will u send me u | |
| And I put admin. | |
| I put you admin. | |
| And you send me u | |
| Ok | |
| […] | |
| Send me u I still haven’t seen u | |
| […] | |
| Okay, do u want money ??? | |
| No | |
| If u can get Skype and be my slave ill give u money like for Xbox or PlayStation points | |
| Or I will send you over 300 vids of u can get Skype and be my slave ? | |
| Deal? | |
| No sorry | |
| Can u send me a live pic of u on here | |
| […] | |
| I will send u one and then u send ok | |
| […] | |
| I will send a link and u send face live ok |
In the course of the conversation, the recipient sends multiple unknown files. The offender sends a Dropbox link and an unknown file. The offender sends an image that has been classified as Category 1 child pornography.[73]
[73] BANKS statement dated 21 August 2017 (HUB p 1218) [12].
CHARGE 11 – PROCURE A PERSON UNDER 16 YEARS OF AGE FOR SEXUAL ACTIVITY USING A CARRIAGE SERVICE
Chat 2-38: Conversation with “Jake Burk”
Date(s): 12 December 2016
Charge(s) relating to this conversation: Charge 11 (procure)
Summary of chat conversation:
Relevantly, the conversation is as follows:
| Offender | Recipient |
| Heyy | |
| Hey | |
| Heyy | |
| Call me | |
| I don’t have credit so u have to call me | |
| Call me | |
| I don’t wanna do anal | |
| I’m 15 so I can’t drive | |
| […] | |
| Can’t we just send vids in snapchat | |
| I’ll send a vid now on snap for u mate | |
| Okayyy | |
| How old r u? | |
| 20 that okay | |
| Yes that’s ok | |
| Can u send a vid on snapchat? | |
| Later man | |
| Ok | |
| Send more cock | |
| U first | |
| […] | |
| Anyways I’m free tonight or tomorrow night at 6:15 pm | |
| It’s up to u | |
| I really wanna suck your ass | |
| What time is a good time for you ? | |
| Call ? | |
| Do u wanna meet tonight ? | |
| I wanna come to your place | |
| U want to? | |
| Yesssss |
CHARGE 12 – TRANSMIT INDECENT COMMUNICATION TO A PERSON UNDER 16 YEARS OF AGE USING A CARRIAGE SERVICE (ROLLED-UP)
Chat 2-32: Conversation with “tim.my02 Timmy Turner”
Date(s): 25 February 2017 – 27 February 2017
Charge(s) relating to this conversation: Charge 5 (solicit – rolled-up)
Charge 12 (indecent comm. – rolled-up)
Summary of chat conversation: See above.
Chat 2-30: Conversation with “antonjackson14 James Pierro”
Date(s): 25 February 2017 – 28 February 2017
Charge(s) relating to this conversation: Charge 12 (indecent comm. – rolled-up)
Summary of chat conversation:
The offender added recipient from group they are in together titled “#boyscudic”.
Recipient states that he is 13 years old. The offender states that he is 16, and asks, “And you need $$?”. Recipient replies, “Money for what? (emoticon)”.
The offender asks to see the recipient, and asks, “And will u be my slave on Skype for money?”. Recipient responds, “How much would u pay”. The offender responds, “$50-$100”; “That’s earn time u show”.
Later, the offender asks, “Want vids of young boys”. The recipient replies, “Ya?”.
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