Director of Public Prosecutions v Watson
[2021] VCC 1874
•19 November 2021
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-21-01229
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| STEVEN PHILLIP WATSON |
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| JUDGE: | Her Honour Judge Hassan |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 10 November 2021 |
| DATE OF SENTENCE: | 19 November 2021 |
| CASE MAY BE CITED AS: | DPP v Watson |
| MEDIUM NEUTRAL CITATION: | [2021] VCC 1874 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence — use carriage service to solicit child abuse material — non- prohibited person possess unregistered category A or B longarm — fail to store category A or B longarm in a secure manner — fail to store cartridge ammunition in a secure manner — plea of guilty — Joint Anti- Child Exploitation Team — covert operative — Kik — electronic device analysis — sexualised communication — unidentified victim — early plea — COVID-19 — remorse — shame — supportive family — prior good character — work ethic — employment history — no criminal record — serious offending — moral culpability — general deterrence
— specific deterrence — denunciation — fine — imprisonment — recognisance release order — sex offender registration
Legislation Cited: Crimes Act 1914 (Cth); Sex Offenders Registration Act 2004 (Vic);
Sentencing Act 1991 (Vic) Cases Cited: R v Verdins (2007) 16 VR 269
Sentence:Total effective sentence of two years and two months to be released on recognisance of $3000 after serving 12 months; convicted and fined
$1300
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| APPEARANCES: | Counsel | Solicitors |
For the CDPP | Ms C Caretti | Commonwealth Director of Public Prosecutions |
For the Accused | Mr L Cameron | Armstrong Legal |
COUNTY COURT OF VICTORIA
250 William Street, Melbourne
HER HONOUR:
1Steven Phillip Watson, you have pleaded guilty to four charges of using a carriage service to solicit child abuse material. The maximum penalty for this offence is 15 years’ imprisonment. You have also pleaded guilty to summary charges in respect of possession of an unregistered category A or B longarm, for which the maximum penalty is two years’ imprisonment or 240 penalty units. You have also pleaded guilty to failing to store a firearm in a secure manner, for which the maximum penalty is 12 months’ imprisonment or 60 penalty units, and failing to store cartridge ammunition in a secure manner, for which the maximum penalty is 12 months’ imprisonment or 60 penalty units.
2The firearms and ammunition were located by police when they searched your premises under warrant on 22 December 2020. As I indicated on your plea, I intend to deal with your firearm offences by way of convictions and fines. In respect of those charges, you are sentenced as follows: on summary charge 9, you are convicted and fined $1000; on summary charge 10, you are convicted and fined
$200; and on summary charge 11, you are convicted and fined $100.
3I now turn to the more serious matters before me, and they are the charges of soliciting child abuse material. Tendered on the plea as exhibit 1 is a ‘Prosecution Opening for Plea’. I will annex that document to my written reasons.
4In brief, the circumstances of your offending were as follows. On 11 December 2019, a member of the Victoria Police Joint Anti-Child Exploitation Team was conducting covert online duties purporting to be a 14 year old female named ‘Emily’ from Bentleigh, Victoria, on the online instant messaging platform Kik. Kik is a peer-to-peer and group messaging application which enables users to send and receive text-based communications, photos, videos, sketches and mobile web pages with relative anonymity.
5On 16 November 2009, using the Kik username ‘Mr W @ Mr Wato 22’ (‘Mr W’), you commenced a conversation with Emily on the Kik platform. Between 16 November 2019 and 21 December 2020, the conversation between you and Emily
became sexual in nature, and this is the basis of charge 1. During your conversations with Emily, you requested explicit photos from her on multiple occasions. You engaged in highly sexualised communication, questioning Emily about such sexual activities as masturbation, losing one’s virginity and sexual intercourse. Your language was sexually explicit. A table of the relevant conversations is set out in the prosecution opening which I have indicated I will annex to these remarks, and which I do not intend to canvass in detail in articulating the sentencing remarks this morning.
6You were arrested and interviewed by the police on 22 December 2020 in respect of your conduct the subject of charge 1. You admitted to police that the ‘Mr W’ Kik account was yours. You said you did talk to people who were a little bit younger but that you had no intention of meeting anyone. You said that you spoke to up to half a dozen people at any given time and that the conversations invariably became sexual. You initially denied asking other Kik users their age, including when the conversations were sexual in nature, but later stated, ‘well, sometimes it comes up … sometimes they would tell me their age, they wouldn’t always’.
7A number of your electronic devices were seized by police, including a white Samsung Galaxy tablet. Analysis of the white Samsung Galaxy tablet revealed three further Kik conversations in which you had solicited child abuse material from females whom you believed to be under the age of 18, and this is the basis of charges 2–4.
8Examination of the tablet revealed that you had also attempted to communicate with seven other females of unknown ages via the Kik platform, with the following Kik groups:
(a)12-18 H-o-r-n-y girls (no.mens.only.girls);
(b)Teens 4 Men;
(c)Aussie te.en Grls for single da.ddies;
(d)Teens for Olders; and
(e)Hrnyteens 13-19 (live noodes required).
9Turning now more fully to the circumstances of your further offending, which involved you communicating with Kik users you believed to be under 18 years old and who were not other operatives, between 2 November and 22 December 2020, you used the Kik application to communicate with Kik user ‘selenakahn1674’ and she is a person you believed to be under the age of 18. You requested Selena send you ‘naughty pics or videos’ to get you ‘in the mood’ and instructed her to ‘show me more of you’. These requests were made in the context of a highly sexualised exchange. Again, relevant excerpts from your conversations with Selena are set out in the prosecution opening and I will not canvass them here. That is charge 2, the Selena charge.
10Between 29 November and 21 December 2020, you used Kik to communicate with Kik user ‘taralouxo’. Again, you believed Tara Lou to be under the age of 18; in this case, you believed her to be 15 years old. You added Tara Lou from a Kik group entitled ‘We need girls’. During the course of the exchange, you requested Tara Lou send you explicit images, which she apparently did, as you commented on her cleavage and her buttocks. You communicated with Tara Lou in a highly sexualised language and discussed sexual topics, including encouraging Tara Lou to masturbate. Again, examples of your conversations are set out in the prosecution opening, and the Tara Lou charge is charge 3.
11Finally, charge 4: between 29 November and 21 December 2020, you used Kik to communicate with ‘paigeee2p’. Paige was a person you believed to be 14 years old. During the course of the exchange, you requested Paige send you explicit images or an explicit video. She apparently did so, as you requested more. You said, for example, ‘Do you have more pics?’.
12Following receipt of a photo of a female torso with her hands down her pants, you said, ‘Take a live pic or a video’, and ‘Going to show daddy?’ was the question you
posed. And you said, ‘Do you have more pics? I want to see more of my sexy new friend’. The exchange with Paige is dominated by sexual discussions which are conducted in highly sexually explicit language which is indecent and I will not reproduce the conversation here. So, that is a brief summary of your offending.
13Section 16A(2) of the Crimes Act 1914 (Cth) requires that I must take into account a number of different matters, if they are relevant and known to me, in arriving at your sentence. I take into account the following matters which were raised at your plea hearing.
14I begin with your plea of guilty. You pleaded at an early stage and your plea is a significant matter in mitigation, especially given the ongoing delay and uncertainty surrounding the administration of criminal justice in this State caused by the COVID-19 pandemic. I accept that, as well as having utilitarian value, your plea is indicative of remorse on your part. In addition to your plea, you have expressed your shame and your remorse for what you have done to your parents, to Dr Mathew Barth, psychologist, who assessed you on 6 September and 4 October of this year, and to friends and colleagues.
15I turn now to your background. You were born in December 1987, so you are presently 33, soon to turn 34. Your background is set out in the report of Dr Barth which was tendered at your plea and it was elaborated by your counsel Mr Cameron in his written and oral submissions. You come from a stable and loving home that was not characterised by any abuse or disadvantage and your parents remain supportive and were at your plea hearing, and they are there with you today, I see. Your father wrote a character reference on your behalf.
16You were not academic but you did complete your VCE and went to work initially with your father, but eventually you trained and became a boilermaker, which is a trade that you have practised for a number of years. It is clear that you are a hard worker and have a good work ethic and a good employment history.
17There were character references tendered at your plea from your employer and from colleagues, and they all speak of your good work ethic and your good character, and all say that you are an honest and reliable person. None of the people who provided character references for you can reconcile your offending with the person that they know. It is also to your credit that you have been candid with those around you about your offending.
18You are a person with no relevant criminal history. You have no history of abuse of either drugs or alcohol and you have no mental health history. The only aspect of your background which perhaps to some extent explains your offending is that you are a person who struggles with emotions and with intimacy. The family home was not a place where these matters were discussed, and over the years, although you have had relationships with women of your own age, you have not formed a lasting relationship, although you told Dr Barth that you wanted to marry and have children.
19Dr Barth gives the opinion that your offending could be explained by your difficulties in establishing relationships with others. Dr Barth found you to be a somewhat awkward individual with a manner of communication and expression which was idiosyncratic and perhaps the reason that you find it difficult to connect with others. Dr Barth gave the opinion that your use of the internet gave you a context in which you could compensate for your impoverished social skills and intimacy deficits. On the specific issue of your communications with children, Dr Barth says,
interactions with underage teenage females reduced his level of anxiety even further since they were even less likely to challenge his fragile self- esteem and provided him with a greater sense of control over their encounters. In turn, this culminated in prominent cognitive distortions regarding the sexual promiscuity of the complainants which facilitated his exploration of deviant fantasy material relating to their sexuality.
20I accept Dr Barth’s explanation for your offending but this does not excuse what you have done. I regard your offending as serious. You have pursued underage females online over a period of time and it is clear from your offending and from
the evidence of your internet searches that you were actively seeking out underage girls. This is not a case, as is sometimes seen in these courts, where an offender establishes an online relationship but then discovers the person to whom they are speaking is underage, but nevertheless persists with sexualised communication. I accept the prosecution submission that your offending can be characterised as predatory or at least deliberate and persistent.
21Sexualised communication with children is always serious offending. Again, as the prosecutor correctly submitted in respect of charge 1, the objective gravity of the offending is not diminished because you were in fact communicating with an undercover operative. Harm is presumed from this type of sexual activity, that is, cyber offending, and that includes future harm. I note, however, that your offending is not aggravated by any evidence of actual harm to any of your victims, and there I refer to the victims of charges 2–4 because, indeed, none of the victims have been identified.
22Mr Cameron pointed out that your offending lacked many of the aggravating features often seen in this type of offending. He submitted that the youngest individual you believed to be communicating with was 14 years old, so not at the very youngest range, and that the offending occurred over a relatively brief amount of time: five months in relation to charge 1, five days in relation to charge 2, and some three weeks in relation to charges 3 and 4. He noted that it was sporadic at times and was not continuous.
23He submitted that the offending primarily involved typed messaging and resulted in a limited sharing of photographs. He submitted that your offending was unsophisticated. He submitted that there was no live streaming of material, and that there was no attempt to involve any other children or to get your young victims to participate in what might be described as degrading or humiliating conduct. There was no intention of dissemination and your offending did not involve a gross breach of trust. You were not a family member or in any kind of relationship with the victims, and it did not progress and was not aimed towards initiating person-
to-person contact with any of the victims. He also pointed out that, in your case, your offending was not connected with the possession of child pornography, which is often the case.
24I accept that none of those aggravating features are present in your offending but, as I have said, your offending is nonetheless serious. As best I can, I characterise it as a low- to mid-range example of the offence of soliciting child abuse material. But offending involving children is always serious. Children and young people have a right to be safe online and to enjoy their online activities with their peers free from the dangerous and unwanted predatory advances of adults like you. Your motivation was clearly seeking easy access to children for sexual gratification and you must have appreciated what you were doing was wrong. I find your moral culpability to be high. The law must endeavour to protect children in any sentence it imposes.
25Turning to the question of your remorse and your rehabilitation, Dr Barth has assessed your risk of sexual recidivism as moderate. You have begun counselling with Dr Barth, although you are still in the early stages. Mr Cameron also submitted that, being from a small community, the media coverage has caused you significant feelings of shame and feelings of disgrace both for yourself and your family. He did not submit, as I understand his submission, that I should take this into account as a form of extra-curial punishment, but that it was relevant to my assessment of your rehabilitation and in my consideration of the application of the principle of specific deterrence.
26I consider, in all the circumstances, including your family support, your good work ethic and your, at least, preparedness to engage in counselling, that your prospects for rehabilitation are good, and your risk of reoffending is, as Dr Barth assessed, moderate, but that you have engaged with counselling and, although it is an early step, it should address any risk that you do indeed pose.
27Notwithstanding that I accept the submission from Mr Cameron that the disgrace and shame caused by the reporting of this matter will act as a deterrent, I still find that the principle of specific deterrence is engaged in sentencing you, given the ongoing nature of your offending. I consider that general deterrence and denunciation are engaged and are indeed the predominant sentencing considerations in this matter.
28Mr Cameron submitted that general deterrence can be given proper expression in the sentencing exercise by sentencing you to a term of imprisonment but without the need for an actual component of custody; that is, for immediate release on a release recognisance order. He also submitted that there were exceptional circumstances made out in a combination of your lack of relevant prior convictions, your good work ethic, your prospects for rehabilitation and the difficult conditions in prison at the moment, which would see you avoiding an immediate custodial sentence.
29I do take into account the difficult and onerous conditions in prison caused by the COVID-19 pandemic and the steps necessitated in the custodial setting to avoid the effects of the pandemic. I also take into account the intense distress and the anxiety and depression that you are suffering and which was reported in Dr Barth’s report, largely because of the consequences that your behaviour has exposed you to. I accept there is some application of Verdins limb 5, but I must stress that I find this to be a very modest application of Verdins limb 5.1
30The prosecutor provided me with comparator cases. I have been assisted by these cases, but in the end, I have to sentence you on the specifics of your offending and your personal circumstances. I have concluded in this matter that I have no alternative but to impose sentences of imprisonment on each of the charges and to impose a sentence which will have a component of actual custody.
1 R v Verdins (2007) 16 VR 269 (‘Verdins’).
31I have stated already the sentences on the summary State charges. Unless one of the parties need me to repeat those, I will not. I will need you to stand now please, Mr Watson. On charge 1, you are convicted and sentenced to 20 months’ imprisonment. On charge 2, you are convicted and sentenced to 10 months’ imprisonment. On charge 3, you are convicted and sentenced to 10 months’ imprisonment. On charge 4, you are convicted and sentenced to 10 months’ imprisonment.
32The sentence on charge 1 begins today, 19 November 2021. The sentence on charge 2 begins 12 months after the commencement of the sentence on charge 1, the sentence on charge 3 begins 14 months after the commencement of the sentence on charge 1, and the sentence on charge 4 begins 16 months after the commencement of the sentence on charge 1. This makes a total effective sentence of two years and two months, and I am directing that you must serve a period of 12 months before being released on a recognisance.
33You can sit down now, Mr Watson. I am going to take you through the sentence in a bit more detail and explain to you what I have done. The upshot of all that, Mr Watson, is I have sentenced you to a total effective sentence of two years and two months and I have sentenced you to a term of actual custody. You will be going into custody today. That will be for a period of 12 months.
34After serving 12 months, on what is called a recognisance of $3000, you are to comply with the following conditions. Now, before I move on to that, you will not need to pay that $3000 upfront. That sits over your head if you are to breach the order that I am going to sentence you on. So, after having served 12 months imprisonment, you are to be released on the following conditions. You are to be of good behaviour for a period of two years. You are to be under the supervision of the Deputy Commissioner of Community Correctional Services and Sex Offender Management or his or her nominee for two years. You are to undertake a sex offender program within an 18-month period.
35You are to report to the Wodonga community corrections centre at 9 Watson Street, Wodonga within two clear working days upon the completion of the term of imprisonment. You are to report to and receive visits from a community corrections officer or officers. You are to notify the officers or any specified member of community corrections of any change of address or employment within two clear working days after the change. You are not to leave Victoria without permission of the officer or someone specified at the community corrections centre, and you are to obey all lawful instructions and directions of community corrections officers.
36To put that all together as best I can, and I hope this explains it for you, Mr Watson, as I said, I sentence you to a total effective sentence of two years and two months. You are to go into custody today and serve 12 months. Upon serving your 12 months and your release, you are to comply with the order that I have outlined to you. That is, you are to report within two days to community corrections in Wodonga and you are to comply with the conditions that I have set out, which include being of good behaviour for a further two years and participating in a sex offender program, and, indeed, all the conditions, and no offending of any type.
37If you were to breach that order, one of the consequences would be that you would need to be re-sentenced. You would be re-sentenced for the breach and also the balance of the sentence I have imposed today could come crashing down on your head. So that would be a balance of one year and two months, 14 months effectively. Do you understand what I have said to you, how I have explained the sentence, Mr Watson? Is that clear?
38OFFENDER: Yes, your Honour.
39HER HONOUR: Mr Cameron, I am sure, will explain it further to you. You have pleaded guilty to four sch 2 offences and, therefore, class 2 offences, so you will be required to comply with the reporting obligations set out in the Sex Offenders Registration Act 2004 (Vic) and your reporting obligations will be for the rest of your life. Pursuant to s 18(4) of the Sentencing Act 1991 (Vic), I declare that you
have served nil days of the sentence that I have imposed. I make the forfeiture orders sought by the prosecution.
- - -
IN THE COUNTY COURT OF VICTORIA NO. CR-21-01229 AT MELBOURNE
THE QUEEN
-v-
STEVEN PHILLIP WATSON
PROSECUTION OPENING FOR PLEA
| Date of Document: | 14 October 2021 | |||
| Filed on behalf of: | Commonwealth DPP | |||
| Prepared by: | C Caretti | |||
| Director of Public Prosecutions | Solicitor Code: | 9570 | ||
| (Commonwealth) | DX: | 446 | ||
| 14th Floor, 181 William Street | Tel: | 9605 4333 | Fax: | 9670 4295 |
| MELBOURNE VIC 3000 | Ref: | 2021PR00032 | ||
Charges and Maximum Penalties
Charge1: Use carriage service to solicit child abuse material from ‘Emily’ contrary to subsection 474.22(1)(a)(iv) of the Criminal Code 1995 (Cth).
Maximum penalty: 15 years imprisonment.
Charge2: Use carriage service to solicit child abuse material from ‘Selena Khan’ contrary to subsection 474.22(1)(a)(iv) of the Criminal Code 1995 (Cth).
Maximum penalty: 15 years imprisonment.
Charge3: Use carriage service to solicit child abuse material from ‘Tara Lou’ contrary to subsection 474.22(1)(a)(iv) of the Criminal Code 1995 (Cth).
Maximum penalty: 15 years imprisonment.
Charge4: Use carriage service to solicit child abuse material from ‘Paige’ contrary to subsection 474.22(1)(a)(iv) of the Criminal Code 1995 (Cth).
Maximum penalty: 15 years imprisonment.
Summary 9: Possess an unregistered category A or B longarm contrary to subsection 6A(1) of the
Firearms Act 1996 (Vic).
Maximum penalty: 2 years imprisonment or 120 penalty units.1
Summary10: Being a person who possesses a firearm under a longarm licence for a category A or B longarm, failure to store that firearm in the manner provided for in item 1 of Schedule 4 or in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item2 contrary to subsection 121(1) of the Firearms Act 1996 (Vic).
Maximum penalty: 12 months imprisonment or 60 penalty units.
Summary11: Being a person who possesses cartridge ammunition under a longarm licence for a category A or B longarm, failure to store that cartridge ammunition in the manner provided for in item 1 of Schedule 4 or in any other manner which the Chief Commissioner is satisfied is as secure as the manner provided for in that item3 contrary to subsection 121(1A) of the Firearms Act 1996 (Vic).
Maximum penalty: 12 months imprisonment or 60 penalty units.
Background / Detection of offending
The Offender is Steven WATSON, born . During the period of offending, he resided with his parents, and was engaged in full- time employment. The Offender has no dependants.
On 11 December 2019, a member of the Victoria Police Joint Anti Child Exploitation Team (JACET) was conducting covert online duties purporting to be a 14-year-old female named ‘Emily’ from Bentleigh, Victoria on the online instant messaging platform, Kik.4
Kik is a peer-to-peer and group messaging application which enables users to send and receive text-based communications, photos, videos, sketches, and mobile webpages with relative anonymity.5
1 For the period 1 July 2020 to 30 June 2021, the value of a penalty unit was $165.22.
2 When the firearm is not being carried or used.
3 When the cartridge ammunition is not being carried or used.
4 Statement of DAS Clinton OUSLEY.
5 Kik users can create an account without linking it to a mobile phone service during the account creation stage. An unverified email address is all that is required to create a Kik account.
On 16 November 2019, Kik user ‘Mr W @ mrwato 22’6 (hereafter referred to as ‘Mr W’) commenced a conversation with Emily on the Kik platform.
Between 16 November 2019 and 21 December 2020, the conversation between Mr W and Emily became sexual in nature (the Offender’s conduct is the subject of charge 1).
Enquires revealed that the IP address7 used by ‘Mr W’8 resolved to Telstra mobile service
.9
An Integrated Public Number Display (IPND) was conducted for . The number was registered to the Offender.
Search Warrant
At or about 8.17am on 22 December 2020, officers attended the Offender’s residence and executed a search warrant pursuant to s3E of the Crimes Act 1914 (Cth).10
Upon entry to the premises, officers were advised by the occupants of the home that the Offender was not present, having already left to attend work.11
10.Shortly thereafter, DSC LALOR and DSC HERBERT attended at the Offender’s workplace. At approximately 8.59am, the Offender exited his vehicle, with his mobile phone in hand. He was advised that he was under arrest for online sexual offending,12 cautioned and provided with a copy of the 3E ‘Person’ Search Warrant. His mobile phone, a black Samsung, was seized, and he was conveyed to the Wodonga Police Station.13
11.Meanwhile, officers at the residence had commenced a search of the Offender’s bedroom and seized several items of interest, including a white Samsung Galaxy S2 tablet located on the bed, various ammunition dispersed throughout the room and an unsecured Slavia .22 rifle stored within a cupboard.14
12.A search of the shed at the rear of the property disclosed a gun safe where a number of firearms and ammunition were located15 [NB: These items were secured as required].
6 Exhibit 13 – Kik profile of ‘mrwato22’.
.
8 Exhibit 2 – Kik Emergency Disclosure Request.
9 Exhibit 3 – Telstra IP Subscriber Check.
10 Exhibits 4 and 5 – Section 3E Premise and Person Search Warrants (Crimes Act 1914).
11 Statement of DAS Clinton OUSLEY.
12 Using a carriage service to groom a person under 16 years for sexual activity and use a carriage service to transmit indecent communications to a person under 16 years.
13 Statements of DSC David LALOR and DSC Georgia HERBERT.
14 Statements of SC Tamara CUNNINGHAM and DSC Jade FLYNN.
15 Ibid.
Record of Interview (ROI)
Following the Offender’s arrival at Wodonga Police Station, officers conducted a ROI. During the ROI, the Offender made the following statements and admissions:
In relation to his communications on Kik -
a. Admitted to setting up and using the Kik account ‘Mr W @mrwato22’;16
b. Stated that he used a Samsung tablet to create the Kik account and to communicate via the platform;17
c. Stated that no one else has access to the tablet;18
d. Confirmed that the tablet is registered to a phone service provided by Telstra and that the number attached to the service is ;19
e. Stated that “while working away” he “gets bored” and uses Kik to “talk to people, and sometimes they’re a little bit younger”, but that he had no intention of meeting anyone; 20
f. Stated that he has had a Kik account “for a few years…at least”21 and that he used a fake email address to create the account;22
g. Stated that he used Kik to “search for a group” and “start talking to people”;23
h. Stated that he speaks with “half a dozen”24 people at any given time and that the conversations “usually become sexual”;25
i. Did not recall speaking with someone on Kik named ‘Emily’;26
j. Initially denied asking other Kik users their age, including when the conversations were sexual in nature,27 but later stated “well, sometimes it comes up…sometimes they would tell me their age, they wouldn’t always”;28
In relation to the firearms and ammunition located at his residence:
k. Confirmed he owns nine firearms which he keeps in a safe in the shed;29
16 Appendix A – Transcript of ROI Q105.
17 ROI Q22-26, Q116-118.
18 ROI Q37.
19 ROI Q49-55.
20 ROI Q15-20.
21 ROI Q62.
22 ROI Q69-79.
23 ROI Q61.
24 ROI Q112.
25 ROI 93.
26 ROI Q94, Q107, Q115.
27 ROI Q119-121.
28 ROI Q123-124.
29 ROI Q169-170.
l. Stated that one shotgun, a Winchester 5000, was next to his bed because he had not “…put it away after shooting on Sunday”;30
m. Stated that a box of ammunition would also be in his bedroom because he had not yet transferred it to the safe;31
n. Made no comment in relation to the Slavia .22 shotgun located in his bedroom.32
At the conclusion of the ROI, the Offender was formally charged with using a carriage service to groom a person under 16 years of age, using a carriage service to transmit indecent communication to a person under 16 years of age, using a carriage service to solicit child abuse material (refer para
14) and failure to store firearms and ammunition as required.
Electronic analysis of devices seized
Analysis of the white Samsung Galaxy S2 tablet revealed three further Kik conversations in which the Offender had solicited child abuse material from females, whom he believed to be under the age of 18 (refer charges 2-4).
Examination of the tablet revealed that the Offender had also attempted to communicate with seven other females (ages unknown) via the Kik platform within the following Kik groups:33
a. 12-18 H-o-r-n-y girls (no.mens.only.girls);
b. Teens 4 Men;
c. Aussie te.en Grls for single da.ddies;
d. Teens for Olders; and
e. Hrnyteens 13-19 (live noodes required).
Charge 1 – Use carriage service to solicit child abuse material from ‘Emily’
Between 16 November 2019 and 21 December 2020, the Offender utilised the Kik application to communicate with Kik user ‘Emz’, a person he believed to be 14 years of age.34
The Offender requested explicit photos from Emily when he wrote:
a. “Do you want it [Snapchat] to send me naughty pics?”;
b. “So you would? Send me dirty pics”;
30 ROI Q171, Q186.
31 ROI Q177-179.
32 ROI Q255-256.
33 Exhibit 9 – Kik Chat Groups.
34 Exhibit 1 – Kik Messenger Chat Logs ‘Emily’ - HUB pp.49-87.
c. “Taken any naughty pics”; and
d. “I hear sending naughty pics makes it better haha jk”.
During the course of the exchange, the Offender transmitted indecent communications to Emily, which communications involved discussion of sexual activities such as masturbation, losing one’s virginity and sexual intercourse, for example:
a. “What naughty things have you done? Have you touched yourself much? Did you like it or did you stop?”;
b. “Did you touch your pussy the other night after our chat?”;
c. “I’m feeling really horny haha, I need a girl to come over haha”;
d. “Sounded like you wanted to lose your virginity haha…But you want to come here and feel daddy’s cock in your pussy?”;
e. “I just need a nice tight pussy to fuck and then I’d fall asleep lol… You probably want me to use your pussy…”;
f. “If your bf there licking your pussy? Haha”; and
g. “Do you like watching naughty videos? Do you want to?”.
Relevant excerpts of the conversation are reproduced below:
| Date | Time | From | Text |
| 16/11/19 | 9.47AM | Mr W | Hey there gorgeous. How are you? |
| 11/12/19 | 12.04PM | Emily | Good thanks U |
| 1.18PM | Mr W | I’m good. What are you up to? | |
| 12/12/19 | 2.12PM | Mr W | Asl? |
| 13/12/19 | 2.15PM | Emily | 14 |
| 4.08PM | Mr W | Oh. I’m 31 lol | |
| 4.53PM | Mr W | I thought the group was a hook up group lol | |
| 14/12/19 | 4.53PM | Mr W | [laughing emoji] |
| 15/12/19 | 10.42AM | Mr W | … |
| 16/12/19 | 10.56PM | Mr W | Were you hoping it was? Haha |
| 18/12/19 | 2.43PM | Emily | I dunno what it was tbh |
| 6.28PM | Mr W | Oh ok | |
| 19/12/19 | 6.00PM | Mr W | What were you hoping to find? |
| 6.38PM | Mr W | Sex? [monkey emoji] | |
| 7/2/20 | 5.00PM | Mr W | Hi |
| 8/2/20 | 11.59PM | Mr W | How are you going? |
| 10/2/20 | 9.01AM | Emily | Good |
| Mr W | What are you up to? | ||
| Emily | Just got to school Have a good day [smiling emoji] | ||
| Mr W | You behave yourself today. | ||
| Emily | Lol [angel emoji] | ||
| Mr W | No taking naughty pics and sending them to the boys haha | ||
| Emily | Lol |
| Asif Haha | |||
| Mr W | You’re going to do that? [shocked emoji] | ||
| Emily | I haven’t Eva | ||
| Mr W | Yeah ok [winking emoji] | ||
| Emily | Tru | ||
| Mr W | Would you? | ||
| Emily | I think it would be a bit weird I no friends that did tho | ||
| Mr W | They’re naughty. | ||
| Emily | Yeh but one of my friends sent one to some guy n it got send round on Snapchat | ||
| Mr W | That’s no good. Don’t send anything to anyone at school then | ||
| Emily | Ya | ||
| Mr W | Don’t get caught on your phone either lol | ||
| Emily | My school isn’t that strict on it yet | ||
| Mr W | Ok so you cn get naughty haha jk | ||
| Emily | [2 x angel emojis] | ||
| Mr W | Are you always a good girl? | ||
| Emily | Try to b [embarrassed emoji] | ||
| Mr W | What naughty things have you done? | ||
| Emily | Nm tbh Im actually a bit of a nerd [nerd emoji] | ||
| Mr W | Nothing wrong with that Only done naughty things by yourself? | ||
| Emily | Wym? | ||
| Mr W | Have you done anything with a boy? | ||
| Emily | I haven’t had a boyfriend yet | ||
| Mr W | That’s ok. Boys are gross anyway haha | ||
| Emily | Lol | ||
| Mr W | What things have you done by yourself? | ||
| Emily | Nothing rly | ||
| Mr W | Have you touched yourself much? | ||
| Emily | I tried once It felt weird | ||
| Mr W | Did you like it or did you stop? | ||
| Emily | I kinda just stopped I never told anyone that [embarrassed emoji] | ||
| Mr W | It’s ok. You have to start somewhere. | ||
| Emily | I guess Im like so embarrassed now | ||
| Mr W | Don’t worry about it. It’s between you and me. | ||
| Emily | I hope so | ||
| Mr W | I promise | ||
| Emily | Tx I get rly self conscious | ||
| Mr W | That’s ok. | ||
| 11/2/20 | 6.59PM | Mr W | Been behaving? |
| 12/2/20 | 1.26PM | Emily | Soz I didn’t check kik |
| I don’t get on much | |||
| 6.37PM | Mr W | All good Emz | |
| 13/2/20 | 1.35PM | Mr W | Did you touch your pussy the other night after our chat? |
| 8.27PM | Mr W | [monkey emoji] | |
| 9.34PM | Mr W | [devil emoji] | |
| 17/2/20 | 5.21PM | Emily | Hey Soz I wasn’t on much |
| 5.44PM | Mr W | That’s ok | |
| Emily | [angel emoji] | ||
| Mr W | Have you been a good girl? | ||
| Emily | Always Haha Hbu | ||
| Mr W | By the look of that haha, I’m guessing you haven’t been lol. Me on the other hand, I’m don’t do the wrong thing lol. | ||
| Emily | Lol | ||
| Mr W | So what naughty things have you been doing? | ||
| Emily | I should be doing homework now…pretty naughty right? | ||
| Mr W | Not real naughty but ok haha | ||
| Emily | Im pretty wild haha | ||
| Mr W | I’m sure you’ll still get it one on time | ||
| Emily | Tru | ||
| Mr W | So you’re alone in your room? | ||
| Emily | On the couch actually Mum’s getting home soon | ||
| Mr W | Well you better not get too naughty then haha [laughing emoji] | ||
| Emily | [laughing emoji] | ||
| Mr W | Don’t get caught texting me. We’ll both be in trouble lol | ||
| Emily | I don’t actually think she nos kik Idk really | ||
| Mr W | I don’t want to find out | ||
| Emily | Find out what tho | ||
| Mr W | If she knows kik | ||
| Emily | Lol I’ll ask her when she gets home | ||
| Mr W | Lol | ||
| Emily | What are you doing this afternoon | ||
| Mr W | I just got home from work so I’m thinking of having a shower. You? | ||
| Emily | Nm rly Netflix rn U going out tonight – shower? | ||
| Mr W | No, I’m just dirty from work | ||
| Emily | Tru What do u do for work Y so dirty | ||
| Mr W | I’m make stuff out of steel I’m a dirty man [winking emoji] haha |
| Mr W | I’m feeling really horny haha, I need a girl to come over haha [2 x laughing emojis] | ||
| Emily | Lol Whereabouts | ||
| Mr W | I’m in Melbourne | ||
| Emily | Bentleigh here | ||
| Mr W | I don’t know where that is | ||
| Emily | Bentleigh, you know chady shopping centre? | ||
| Mr W | Not really but kinda | ||
| Emily | Ah k U sure your in Melbourne lol | ||
| Mr W | Yeah. I only come here for work so I only know the suburbs I work in. | ||
| Emily | Kk Bit where you staying normally | ||
| Mr W | In Melbourne? I stay in Carlton | ||
| Emily | Nah, like now. Like u don’t actually live in Melbourne | ||
| Mr W | I live near Albury | ||
| Emily | I literally have no idea where that is haha | ||
| Mr W | Why you want to know where I am? You want to come over? Haha It’s 3 hours north | ||
| Emily | Nah u were just saying u wanted a girl to come ova It made me curious where u were from Sorry | ||
| Mr W | Oh. Sounded like you wanted to lose your virginity haha | ||
| Emily | [angel emoji] | ||
| Mr W | Are you saying no, because you’re an angle or yes because you’re daddy’s good little girl haha Angel* | ||
| Emily | I’m such an angel haha | ||
| Mr W | But you want to come here and feel daddy’s cock in your pussy? [monkey emoji] | ||
| Emily | As if I could get to Albury haha | ||
| Mr W | I’m in Melbourne. I wouldn’t actually have you over anyway. Maybe in 5 years | ||
| Emily | Ya | ||
| 17/2/20 | 9.32PM | Mr W | Haha. I went out for dinner. |
| 9.50PM | Emily | I don’t get the joke??? | |
| 18/2/20 | 4.08AM | Mr W | I laughed about having to wait 5 years |
| 9.24AM | Emily | Ok | |
| 20/2/20 | 1.55PM | Emily | Do u use snapchat |
| 6.43PM | Mr W | I do. | |
| 21/2/20 | 9.49AM | Emily | K |
| 1.21PM | Mr W | I’m not sure if it’s a great idea to be on Snapchat together | |
| 3.21PM | Mr W | Do you want it to send me naughty pics? | |
| 24/2/20 | 8.00AM | Emily | Na I was just curious if u used it or not |
| 5.34PM | Mr W | Sure [winking emoji] haha | |
| 5.56PM | Emily | Tru | |
| 9.36PM | Mr W | So you would? |
| 25/2/20 | 7.16PM | Mr W | That’s naughty |
| 1/3/20 | 11.28AM | Emily | What is |
| 10.01PM | Mr W | Send me dirty pics | |
| 4/3/20 | 1.07AM | Emily | Like what? A dirty car |
| 6.10AM | Mr W | Haha [laughing emoji] I must have been drunk that night lol. You don’t have to and you really shouldn’t | |
| 10.08PM | Mr W | Hi | |
| 1.00PM | Emily | Hey | |
| 1.40PM | Mr W | Been a good girl? | |
| Emily | Trying to haha Hbu | ||
| Mr W | I’m always good haha. What naughty things have you done? | ||
| Emily | Nm Been stuck at home with mum for like three weeks now | ||
| Mr W | Been playing with your pussy? [monkey emoji] | ||
| Emily | Ummm Don’t think I should anser that | ||
| Mr W | Oh… so that’s a yes haha | ||
| Emily | Lol Ull neva no [angel emoji] | ||
| Mr W | You have been hehe | ||
| Emily | [zipped mouth emoji] | ||
| Mr W | Did you like it? | ||
| Emily | [zipped mouth emoji] | ||
| Mr W | I bet you loved it You’re probably doing it now [monkey emoji] | ||
| Emily | Um nup Watchin tiger king on Netflix U | ||
| Mr W | Does it feel good? | ||
| Emily | Watching Neftlix?? | ||
| Mr W | That’s a weird thing to watch while you rub your pussy haha I’m in bed. | ||
| Emily | Y u in bed so early for | ||
| Mr W | I was up at 5, worked all say and then drove 3 hours | ||
| Emily | That’s SO early | ||
| Mr W | Yeah. I just need a nice tight pussy to fuck and then I’d fall asleep lol | ||
| Emily | What about your wife haha | ||
| Mr W | I’m single | ||
| Emily | K | ||
| Mr W | You probably want me to use your pussy [monkey emoji] | ||
| Emily | I want my first time to be special | ||
| Mr W | I’m sure it will be Taken any naughty pics | ||
| Mr W | [monkey emoji] |
| Mr W | [devil emoji] | ||
| Emily | Y u purple for | ||
| Mr W | Purple? What’s purple? | ||
| Emily | Ur purple face Nevamind | ||
| Mr W | Its red on mine lol. It’s a horny devil hehe. | ||
| Mr W | Haha Are you alone in your room? | ||
| Emily | Yep Sorta | ||
| Mr W | Sorta? If your bf there licking your pussy? Haha | ||
| Emily | Dint have a bf [embarrassed emoji] | ||
| Mr W | Why that face? You don’t need a bf. | ||
| Emily | Embarassed lol | ||
| 10/4/20 | 3.35PM | Mr W | Just watching tv still lol |
| 12/4/20 | 7.46AM | Mr W | Hey [devil emoji] |
| 11.33AM | Emily | Heya | |
| 7.26AM | Mr W | What’s happening? | |
| 8.06PM | Emily | Sore throat Hbu | |
| Mr W | I’m good. You got corona? Lol | ||
| Emily | Hope not | ||
| Mr W | You’ll be fine. You’ve stayed home, you’re young and fit | ||
| Emily | Yeh but my mum had sorta been in n out | ||
| Mr W | You’ll be fine | ||
| Emily | [angel emoji] | ||
| Mr W | I hear sending naughty pics makes it better haha jk | ||
| Emily | Haha | ||
| 8.54PM | Mr W | Lol | |
| 9.28PM | Mr W | Do any of the groups youre in ever put up naughty videos? | |
| Emily | Um nup | ||
| Mr W | I joined on the other day and it has heaps go up | ||
| 10.09PM | Mr W | Do you like watching naughty videos? | |
| 10.40PM | Emily | Dunno Haven’t seen proper ones really | |
| Mr W | Do you want to? | ||
| Emily | [hands up emoji] | ||
| Mr W | Do you ever get turned on? | ||
| 13/4/20 | 11:31PM | Emily | Ok |
| Mr W | That’s a yes or no question lol. I’m guessing youre not sure. | ||
| 14/4/20 | 1:22PM | Emily | Guess not then |
| 6.23PM | Mr W | Nothing wrong with that. It’s probably not a bad thing. Google it if you’re not sure what I’m talking about. | |
| 8.00PM | Mr W | Did you Google it? | |
| 15/4/20 | 3.13PM | Emily | Nah |
| Mr W | [smiling emoji] | ||
| 21/12/20 | 8.57AM | Mr W | Hey there gorgeous. How are you? |
Charge 2 – Use carriage service to solicit child abuse material from ‘Selena Khan’
Between 2 November 2020 and 22 December 2020, the Offender utilised the Kik application to communicate with Kik user ‘selenakahn1674’, a person he believed to be under the age of 18.35
On 3 November 2020 and 7 November 2020, the Offender requested Selena send him “naughty pics or videos…to get [him] in the mood” and instructed, “show me more of you.” The requests were made in the context of a highly sexualised exchange. The conversation is reproduced below:
| Date | Time | From | Text |
| 2/11/20 | 6.47PM | Selena | Hey |
| 7.03PM | Mr W | How are you going | |
| 3/11/20 | 9.08PM | Selena | Ok thanks and you |
| Mr W | I’m good. I’m actually feeling horny right now and need a nice tight pussy to fuck | ||
| Selena | Mouth ? | ||
| Mr W | I think forcing into your pussy would be better [devil emoji] | ||
| Selena | Why | ||
| Mr W | Nice and tight and would feel amazing. I’ll fuck your pussy and then fuck your mouth when I’m ready to cum Have you taken any naughty pics or videos for me yet? | ||
| Selena | [Sends picture of her face with tongue sticking out] | ||
| Mr W | That’s not naughty [winking emoji] | ||
| 7/11/20 | 7.34AM | Mr W | [devil emoji] |
| Selena | Hey | ||
| Mr W | How’s my favorite little fuck toy? | ||
| Selena | What’s the youngest you would date | ||
| Mr W | 18 [winking emoji] | ||
| Selena | Lol I’m younger | ||
| Mr W | I know | ||
| Selena | Younger than me? | ||
| Mr W | Probably not | ||
| Selena | If you was in a room alone with her | ||
| Mr W | Who knows what might happen | ||
| Selena | Roll play it | ||
| Mr W | Maybe. Send naughty pics to get me in the mood [devil emoji] | ||
| Selena | [sends image of cartoon naked male next to female] | ||
| Mr W | Is that you about to be fucked by me? | ||
| Selena | That’s how I look tall men [laughing emoji] | ||
| Mr W | Show me more of you |
35 Exhibit 10 – Kik Messenger Chat Logs ‘Selena Khan’ - HUB pp. 162-171.
| 8.41AM | Mr W | [devil emoji] | |
| 11/11/20 | 9.28PM | Mr W | [thinking emoji] |
| 12/11/20 | 5.27AM | Mr W | I really wouldn’t mind feeling my cock deep in your gorgeous tight pussy right now |
| 7.23AM | Selena | Mouth | |
| 10.38AM | Mr W | Nope, I want your virginity | |
| 14/11/20 | 7.13AM | Mr W | Hehe [devil emoji] |
| 21/11/20 | 8.35AM | Mr W | The first time you get a cock in your pussy, you’re going to love it |
| 28/11/20 | 11.06AM | Mr W | Xx |
| 21/12/2020 | 9.12AM | Mr W | How are you going? |
| 22/12/2020 | 12.23AM | Mr W | I need to cum in you so bad right now |
Charge 3 – Use carriage service to solicit child abuse material from ‘Tara Lou’
Between 29 November 2020 and 21 December 2020, the Offender utilised the Kik application to communicate with Kik user ‘taralouxo’, a person he believed to be 15 years of age.36 The Offender added Tara Lou from a Kik group entitled ‘We need girls.’
During the course of the exchange, the Offender requested Tara Lou send him explicit images:
a. “Nice cleavage…hopefully you’ll send more now”;
b. “…The other pic does show a bit more off though….I like those pics more hehe…do you have more pics like that?”;
c. “Do you have any naughty pics? Shy babe? Xx Would you like to see more of me first?”; and
d. “You have a cute ass. Unfortunately, I can’t see your gorgeous tight pussy…”.
The exchange involved the Offender transmitting indecent communications that were sexual in nature, including a discussion about masturbation. The conversation is reproduced below:
| Date | Time | From | Text |
| 29/11/2020 | 10.56AM | Mr W | Hey there gorgeous. How are you? |
| Tara | Gdds hbu | ||
| Mr W | I’m good thanks. What are you up to? | ||
| Tara | Watching tv hbu [smiling emoji] | ||
| Mr W | Laying on my bed, play a game and being bored lol | ||
| Tara | Oh [laughing emoji] | ||
| Mr W | You like that I’m bored on my bed? | ||
| Tara | Idk [laughing emoji] | ||
| Mr W | Unfortunately you’re not here to entertain me lol | ||
| 11.54AM | Mr W | Gone shy? | |
| Tara | No why Asl? [smiling emoji] | ||
| Mr W | That’s good. 32 m aus |
36 Exhibit 11 - – Kik Messenger Chat Logs ‘Tara Lou’ - HUB pp. 172-189.
| Is that ok? | |||
| Tara | Yaaa 15 f uk | ||
| Mr W | Oh. But you like older men? | ||
| Tara | Sometimes [laughing emoji] | ||
| Mr W | Haha. And what times would that be? [cheeky emoji] | ||
| Tara | Idk [laughing emoji] swap live face pic? | ||
| Mr W | Yeah ok. You first | ||
| Tara | [sends selfie image of her upper body and face clothed] I don’t look too good rn | ||
| Mr W | Yes you d Do | ||
| Tara | No | ||
| Mr W | Nice cleavage [sends selfie photo of his face] | ||
| Tara | Didn think ud send | ||
| Mr W | Of course I would. Hopefully you’ll send more now. | ||
| Tara | [sends full length image of herself clothed] Better pic | ||
| Mr W | WOW! Looking great. The other pic does show a bit more off though | ||
| Tara | [2 x monkey emojis] | ||
| Mr W | I like those pics more hehe | ||
| Tara | Oh [laughing emoji] | ||
| Mr W | Do you have more pics like that? I bet you look sexy in a bikini I bet you’re shy about that hehe | ||
| 3.45PM | Mr W | [devil emoji] | |
| 5.41PM | Mr W | Unfortunately you’re not here | |
| 10.07PM | Mr W | [kiss emoji] | |
| 30/11/20 | 5.41AM | Mr W | X |
| 11.26PM | Mr W | Hey x | |
| 4/12/2020 | 6.13AM | Mr W | [winking emoji] |
| 12/12/2020 | 9.20PM | Mr W | Hi |
| 21/12/2020 | 8.44AM | Mr W | Xx |
| 9.16AM | Mr W | Have you been a good girl? [kissing emoji] | |
| Tara | Hii yhhh ty [smiling emoji] | ||
| Mr W | What have you been up to? I still love checking out the pics of you [devil emoji] | ||
| Tara | Oh [smiling emojis] | ||
| Mr W | Unfortunately I don’t have any naughty pics You’re so sexy | ||
| Tara | Oh [smiling emojis] | ||
| Mr W | Do you have any naughty pics? Shy babe? Xx Would you like to see more of me first? | ||
| Tara | Ok [laughing emoji] | ||
| Mr W | [sends image of his lower half in briefs] How’s that? |
| Tara | [sends image of her buttocks in a g-string] But I gotta sleep | ||
| Mr W | I think you could play a little first x You have a cute ass. Unfortunately I can’t see your gorgeous tight pussy Playing with your pussy? I would be if I was there I bet your pussy feels so warm and wet right now Do you like touching your pussy? | ||
| 21/12/2020 | 9.31PM | Mr W | [kissing emoji] |
Charge 4 – Use carriage service to solicit child abuse material from ‘Paige’
Between 29 November 2020 and 21 December 2020, the Offender utilised the Kik application to communicate with Kik user ‘paigeee2p’, a person he believed to be 14 years of age.37
During the course of the exchange, the Offender requested Paige send him explicit images or an explicit video, evidenced by the following statements:
a. “Do you have more pics?”;
b. Following receipt of a photo of a female torso with her hand down her pants, “Take a live pic or a video. Going to show daddy?”; and
c. “…Do you have more pics? I want to see more of my sexy new friend x”.
The exchange is dominated by sexual discussions advanced by the Offender and sexually explicit language, much of which is indecent, for example:
a. “Would you let a guy my age touch you?”;
b. “Have you ever had a guy touch your pussy?”;
c. “I would like (sic) you and then lide my cock into you…you want daddy to fuck your gorgeous tight pussy?”;
d. “I would like to be fucking you right now. Taking your virginity. I don’t think my cock will fit tho”; and
e. “I want to feel those lips around my cock right now”.
The conversation is reproduced below:
| Date | Time | From | Text |
| 29/11/20 | 8.14PM | Mr W | Hey again [cheeky emoji] How are you? Cute pic [kiss emoji] Looks like you have a sexy figure [devil emoji] Gone shy? No fun babe Do you like older men |
37 Exhibit 12 – Kik Messenger Chat Logs ‘Paige’ HUB pp. 190-199.
| Paige | Depends on who the older man is but in general yes Why | ||
| Mr W | Because I’m probably older than you lol. Hopefully we can chat more | ||
| Paige | I’m 14 | ||
| Mr W | Yeah I’m definitely older lol | ||
| Paige | How old r u | ||
| Mr W | 32 | ||
| Paige | Damn ight | ||
| Mr W | Haha. Is that ok? | ||
| Paige | Sure | ||
| Mr W | Would you let a guy my age touch you? [monkey emoji] | ||
| Paige | Yes | ||
| Mr W | Have you ever had a guy touch your pussy? | ||
| Paige | Yes | ||
| Mr W | What have you done? | ||
| Paige | Gave head | ||
| Mr W | What has a guy done to you? | ||
| Paige | Ate me out Licked my pussy dry | ||
| Mr W | I would like you and then slide my cock into you | ||
| Paige | Fuck daddy You want to fuck me sir? | ||
| Mr W | Maybe [devil emoji] I bet you’re so tight | ||
| Paige | Mhm | ||
| Mr W | You want daddy to fuck your gorgeous tight pussy? | ||
| Paige | Ugh yes daddy fuck yes | ||
| Mr W | Do you have more pics? | ||
| Paige | [sends photo of a female torso with her hand down her pants] | ||
| Mr W | Is that whaat you’re doing right now? | ||
| Paige | Touching myself daddy | ||
| Mr W | Take a live pic Or a video [devil emoji] Going to show daddy? | ||
| Paige | I can’t daddy | ||
| Mr W | Oh ok. Do you have more pics? I want to see more of my sexy new friend x [devil emoji] You like showing off to daddy? I like seeing you I would like to be fucking you right now Taking your virginity [devil emoji] I don’t think my cock will fit tho Oh [sad emoji] | ||
| 30/11/20 | 5.41AM | Mr W | Hey x |
| 1/12/2020 | 5.23AM | Mr W | [kiss emoji] |
| 12.15PM | Mr W | Gone shy? |
| 4/12/2020 | 6.10AM | Mr W | Cute new pic I want to feel those lips around my cock right now |
| 21/12/2020 | 9.15AM | Mr W | Hi x |
Summary charge 9 – Possess an unregistered longarm
On 22 December 2020, officers located a Slavia .22 Shotgun within a cupboard of the Offender’s bedroom.38
The firearm was classified as a Category A pursuant to the section 3 of the Firearms Act 1996.39
The firearm was not registered.
Summary charge 10 – Fail to store a firearm as required
On 22 December 2020, officers located a Winchester 12 Gauge Shotgun within the Offender’s bedroom.40
The firearm was classified as a Category B longarm pursuant to the section 3 of the Firearms Act 1996.41
The Offender possessed a licence for the firearm.
The Offender failed to store the firearm42 in the manner provide for in item 1 of Schedule 4 (‘Storage requirements’) of the Firearms Act 199643 or in any other manner which the Chief Commission is satisfied is as secure as the manner provided for in that item.
Summary charge 11 – Fail to store ammunition as required
On 22 December 2020, officers located various types of ammunition within the Offender’s bedroom.44 The Offender held a valid longarm licence which entitled him to possess such ammunition.
38 Exhibit 15 – Slavia .22 Rifle, Exhibit 19 – Property Seizure Record (Item 12).
39 An airgun.
40 Exhibit 19 – Property Seizure Record (Item 3).
41 A lever action shotgun.
42 When the firearm is not being carried or used.
(1) The firearm must be stored in a receptacle—
(a)which is constructed of hard wood or steel that is not easily penetrable; and
(b) which, if it weighs less than 150 kilograms when it is empty, must be fixed to the frame of the floor or the wall of the premises where the firearm is kept in such a manner that it is not easily removable; and
(c)which, when any firearm is stored in it, is locked with a lock of sturdy construction.
44 Exhibit 17 – Ammunition, Exhibit 19 – Property Seizure Record (Items 5-10, 13-14).
The ammunition was classified as a ‘cartridge ammunition’ pursuant to the section 3 of the
Firearms Act 1996.
The Offender failed to store the ammunition45 in the manner provide for in item 1 of Schedule 4 (‘Storage requirements’) of the Firearms Act 199646 or in any other manner which the Chief Commission is satisfied is as secure as the manner provided for in that item.
Procedural History
The Offender was charged on 22 December 2020 and bailed to appear at the Wodonga Magistrates’ Court on 4 January 2021 for a filing hearing.
Committal mentions were held on 8 April 2021, 13 May 2021 and 10 June 2021.
On 10 June 2020, the Offender indicated pleas of guilty to the charges on the indictment47 and the Notice of Related Summary Offences,48 and was committed for plea in the County Court.
Other Matters
The Offender has no criminal history.
At the time of the offending, the Offender was 31 to 33 years of age.
Ancillary orders sought will be confirmed at the plea hearing.
The Offender has not served any pre-sentence detention.
The Offender has pleaded guilty to four Schedule 2 offences of use a carriage service to solicit child abuse material.49 As a result, the Offender will have pleaded guilty to four Class 2 offences and he will be required to comply with the reporting obligations set out by the SORA for the remainder of his life.50
Commonwealth Director of Public Prosecutions
45 When the ammunition is not being carried or used.
46 (3) Any cartridge ammunition for the firearm must be stored in a locked container separate from the receptacle in which the firearm must be stored.
47 Indictment dated 13 October 2021.
48 Notice of Related Summary Offences dated 11 October 2021.
49 Schedule 2, item 28A(iii) Sex Offenders Registration Act 2004 (Vic).
50 S 34(1)(c)(ia)(iii) Sex Offenders Registration Act 2004 (Vic).
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