R v Hort

IN THE COUNTY COURT OF VICTORIA

Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION
CR 20-00778

THE QUEEN

CAMERON HORT

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JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Melbourne
DATE OF HEARING:	29 September 2020
DATE OF SENTENCE:	9 October 2020
CASE MAY BE CITED AS:	R v Hort
MEDIUM NEUTRAL CITATION:	[2020] VCC 1636

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr I. Macdonald	Commonwealth Director of Public Prosecutions
For the Accused	Dr M. Fitzgerald	Doogue & George

HER HONOUR:

1Cameron Hort, around May 2016, you met a woman at a dance studio who you knew was going through a very difficult time. A friendship quickly developed. In her words, you seemed to be a 'lovely and caring person'. A few months later, her partner, the father of her children, committed suicide. The woman moved out of the house that she and her partner had been living in and went to stay with a woman, who was also a friend of yours. You visited her there and assisted her in preparing for the funeral of her partner. And it was there and in those circumstances that you met her eldest daughter, who was then 13 years old.
2A few months later, on 6 December 2016, that is, a few months after visiting and meeting the child, you initiated a conversation with her via Facebook Messenger. Amongst other things, she told you that she had not been talking to her mother as she was 'too busy with high school being a Year 8'. You, at the time, were 31. You knew that she was estranged from her mother or had a strained or difficult relationship with her mother. You knew she had just lost her other parent and you knew that she was in and out of foster care.
3Over the next 16 days, you instigated and persisted in an increasingly sexualised online conversation with this 13-year-old child. In the course of the exchange, you repeatedly tried to get her to meet you in person. You detailed the sexual activities that you would like to engage in with her, and that you would like her to engage in and you importuned her to respond in a like manner. You sent her a photograph of your erect penis and asked her to send you photographs of herself. Eventually, it was the child's decency, not yours, which brought this unsavoury, exploitative and obscene exchange to an end.
4It is your conduct in communicating with this 13-year-old girl in the manner that you did between 6 December and 22 December 2016 that constitutes the charge of using a carriage service to procure a person under 16 years of age to engage in sexual activity, to which you have pleaded guilty.
5Over seven months later, in June and July 2017, on two separate occasions some weeks apart, you again contacted the child and again attempted to engage with her.
6A few months after that, 12 months after the offending behaviour, on Christmas Day 2017, the complainant made a disclosure to her mother. Her mother than used the child's Facebook account to contact and converse with you on Facebook Messenger. She pretended to be her daughter. After initially avoiding sexualised communications, you made admissions to your previous conduct and made further sexualised remarks. The mid-year attempts to reengage the complainant and the Christmas exchange with her mother, who was pretending to be her, are not the subject of any charges or of the offending behaviour the subject of the charge for which I come to sentence you. But they are relied on by the prosecution to give further context to the offending to which you have pleaded guilty.
7Shortly thereafter, the complainant and her mother went to Knox Sexual Offence and Child Abuse Investigation Team to speak to police and statements were taken from both of them in January 2018. Four months after that, in
18 April 2018, a search warrant was executed at your house. A hard drive, mobile phone and computer tower were seized. It took over 12 months for the police to analyse them. When finally analysed, they were discovered to contain 16 unique images of the complainant, copies of all of the photos that she had sent you at your request and various images of other young girls known to you which you had downloaded from their Facebook profiles. A 'file path' containing 41 sub-folders was also found and that also contained images of the complainant and other girls.
8Going back to 18 April 2018, the day the warrant was executed, you were interviewed. You initially told police that you did not really know the complainant. You said you thought she was 16. You said you had tried to stay away from her. You denied messaging her or having her as a Facebook friend. When you were shown images of the messages between you and her, you still made denials and asserted that your account had been hacked and somebody impersonated you. Eventually, you made some grudging concessions. You acknowledged that you had sent the messages, but asserted you had likely blocked the conversation out of your mind because of guilt. You acknowledged you were 'probably' referring to sex and that sending an image with your penis visible to a child was 'pretty disgusting'. You acknowledged that it 'appeared' that you were trying to make arrangements to meet up with the child.
9The maximum penalty of 15 years' imprisonment prescribed by Parliament for this offence is one measure of its gravity. Your conduct in seeking out this young girl, breaching her mother's trust and hers, exploiting her youth and immaturity, and at a time when you knew she was particularly vulnerable, is reprehensible. You knew her father had killed himself only three months earlier. You knew she had a troubled relationship with her mother and had been in and out of foster care. And, you knew she had a crush on you. The content of the messages you sent was sordid and degrading, and you persistently attempted to have her meet you in person in order to engage in contact sexual activity.
10That you did not meet in person is because she resisted your importuning, not because you thought better of it and cancelled. When one adds to these matters the explicit image you sent, the highly personal images and information you received and your initiation and leading of the sexualised conversations in question, this is alarming behaviour and a bad example of an offence of this type.
11It is to be noted the offence is one of procuring a child to engage in sexual activity. Had contact sexual activity occurred, in addition to the verbal and image sexual activity that did occur, that would have made it an even more serious example of its type and given rise to additional offences. But it is important to note that contact sexual activity is not an element of the offence. It is procuring a child for the purpose of engaging in sexual activity.
12It is clear that, during the interview, you denied, victim blamed, that is, suggested that the victim was somehow responsible because she had a crush on you, sought to make yourself out to be the victim and intimated that you had been warned by her mother's friend that she might somehow exploit you. When confronted with the evidence of the messages, you lied, minimised and, in different ways to your earlier denials, sought to deflect blame and responsibility.
13That the offending could have been even worse does not detract from a finding that this is a serious example of this offence.
14It follows therefore that, subject to considerations personal to you, denunciation, just punishment and deterrence, both specific and general, must play an important role in sentencing you.
15Dr Fitzgerald, your counsel, acknowledged that no sentence, other than one requiring a term of imprisonment immediately served, was open in the circumstances. His submissions were directed to fixing a head sentence which would allow release on a recognisance release order. That is, a head sentence of less than three years. He submitted the sentence and the period to be served before release on recognisance should be moderated on account of your personal circumstances in the time leading up to and at the time of the offending, your guilty plea and the early stage at which it was entered, the absence of any prior criminal history, what he submitted was your low risk of further, like offending, and good prospects for rehabilitation, the substantial delay between your arrest and the finalisation of this matter and the burden of imprisonment.
16You were 31 at the time and you are now 35. Your upbringing was unremarkable, in the sense that there was no violence, trauma, mental illness, substance abuse, poverty or deprivation to which you were exposed, or which you suffered from yourself which marred your childhood. You are intelligent and have demonstrated a capacity to study, to sustain secure employment and to retrain and change direction in order to find more fulfilling work. You have worked variously as a boilermaker, a courier driver, a window cleaner, a laboratory assistant, a bus driver and forklift driver. Although that sounds like a long list of occupations, it is also clear that you have sustained employment for considerable periods in each of those roles.
17You report good relationships with your mother and brothers and a distant relationship with your father. You had not, before the plea hearing, told them of this charge and your acknowledgement of guilt. I am told that you have now told your mother and, despite what I was told was your concern about the response of your family, it has been received with a nurturing response and your mother's support is obviously continuing. This is your first and most serious experience with the criminal justice system. You have, since this offence, without conviction, been sentenced for a charge of unlawful assault. I was told this arose out of an altercation with an intimate partner. I do not take that into account as a previous conviction, obviously, but for reasons I will explain later, it is a matter properly to consider when assessing your risk of reoffending and considering the conditions of your release.
18Your adult years were affected by tragedy. You met and formed a relationship with a young woman. You became engaged. She was then diagnosed with cancer which rapidly metastasised. You married, bringing your marriage forward as a result of her diagnosis and prognosis. And, as her illness progressed, you left work to become her full-time carer. You nursed her until her death. It was only months after her death that this offending occurred. This is not something that any young person, embarking on the relationship of their life and their adult future, should have to contemplate and it is a tragedy that is unable to be properly or adequately conveyed by the words I have used. I do not mean in any way to undervalue it or its impact on you.
19Mr Cummins assessed you for the purposes of the plea. In his opinion, you were, at the time of the offending, experiencing grief, loneliness and loss. You told him you were missing an intimate relationship with a female. All of this is understandable and, as I have said, your situation deserved great sympathy, but it does not satisfactorily explain your conduct in approaching this child and conducting yourself with her in the way you did. On no analysis can your conduct, in the exchanges detailed in the opening, be characterised as an intimate relationship with a female. There was no mutuality, no relationship and certainly not a relationship 'with' someone. It was one-sided. From the exchanges in the messaging, the complainant was clearly reluctant and resistant and a child, whose responses showed her inexperience and, at times, outright ignorance of the practices that you were suggesting.
20In Mr Cummins' opinion, you were suffering an adjustment disorder. It was not suggested either by him or by Dr Fitzgerald that this enlivened the first limb of Verdins,[1] so operating to reduce your moral culpability. I do, however, take into account that the understandable grief, loss and the loneliness that you were experiencing at the time provide a context for understanding how a 31 year old without any history of offending acted in a way that appears to be out of character with the law-abiding man he had previously been.
[1]R v Verdins; Buckley; Vo (2007) 16 VR 269.
21Mr Cummins assessed your risk of sexual reoffending, using well-regarded assessment criteria, that is, interview-based assessment coupled with the
Static-99R and the RSVP. He concluded your offending behaviour was situationally motivated and, in significant part, reflective of your state of grief following your wife's death. He assessed your risk of offending as low. Significantly, he recommended that it would be appropriate for you to participate in offence-specific treatment to assist you to learn more about why there are laws regarding age of consent. To that I would add my concern about the circumstances described by you to him and to me by Dr Fitzgerald which resulted in the charge of unlawful assault occurring after these events. Although you reported to Mr Cummins no difficulty with intimate relationships in the past, the explanation that this offending arose in the context of a desire to have an intimate relationship, and the explanation that the assault charge arose out of a dispute in a subsequent intimate relationship, supports the recommendation that you participate in offence-specific treatment.
22When, after your arrest, your employer was informed of the circumstances, your employment was terminated. You made a serious attempt on your life as a result. Mr Cummins, having assessed you more recently, is of the view that you are currently manifesting signs of being at least moderately depressed and, at times, anxious. When the Beck depression inventory and depression anxiety stress scales, measuring your levels of depression and anxiety in the previous two weeks, were administered by Mr Cummins, you recorded results on the borderline of moderately and severely depressed, and moderately anxious.
23You told Mr Cummins that you had been advised that a term of imprisonment was likely. Mr Cummins was of the view that your current symptoms are primarily reactive to your current circumstances. He is of the view that you are at heightened risk of self-harm immediately upon incarceration and that you will require mental health monitoring throughout any sentence that you are required to serve.
24I accept that, notwithstanding Mr Cummins' view that your current symptoms are primarily reactive to your current symptom, this will make imprisonment more onerous for you than for somebody who is able to face their fate with more equanimity.
25I accept that you are entitled to a significant reduction in your sentence because you pleaded guilty and did so at an early stage. In addition to attracting weight for its utilitarian purposes and for advancing the interests of justice in general terms, you have spared the victim, from the time you have entered your plea, the ordeal of having to relive the events or the prospect of cross-examination. I accept, in these circumstances, it is also some evidence of remorse. In this COVID-19 environment in which we are living, there is an additional weighting to be given to advancing the interests of justice by pleading guilty, in circumstances where you have been advised imprisonment is likely. And that also fortifies my acceptance that the plea is some evidence of remorse because you do so in circumstances of knowing that there is an additional burden of imprisonment also brought about by reason of COVID-19 restrictions.
26Since Victoria has been confronted with the threat of COVID-19, conditions have been more onerous for prisoners than they normally are. All family visits have been suspended and all face-to-face programs have been suspended. Although most visits and programs are continuing in online form, there is not quite the same reach and coverage that there previously was and time out of cells is often more limited. The fear of exposure to or coming down with COVID-19 is real for everyone in our community. It is more so for someone living in a confined community like a prison, where you are unable to make the choices those of us in the broader community can make about how best to protect and isolate ourselves. And I accept that, in the circumstances, and despite the commendably successful efforts made so far by Corrections to prevent the spread of COVID-19 within the prison system, the fear of what might happen if it does find its way there, and the inability to have control over the ways to protect yourself, add to those other burdens of imprisonment brought about by reason of COVID-19. And all of those are proper matters to take into account.
27The basis for the submission that you have good prospects of rehabilitation was that you have already taken steps to rehabilitate yourself and are at low risk of re-offending and that you possess good chances of finding employment upon your release from prison. You have, since June of this year, engaged with a counsellor, Michael Bilyk, with whom you have been undertaking cognitive behavioural therapy to explore your offending behaviour. His services remain available to you.
28I accept that your prospects for rehabilitation are good, particularly if you continue to engage in counselling and to participate in offence-specific counselling. I also take into account the affirmative evidence of continued family support. I have come to the view that participation in offence-specific counselling or treatment programs is an appropriate condition to be made on the sentencing orders that I propose to impose upon you. Participation in offence-specific treatment, specifically, a sex offender treatment program will reinforce the likelihood, based on the assessment already made by Mr Cummins, that your prospect of like re-offending is low, and therefore that the risk to the community and the risk to you of further offending will be further reduced. That, in itself, enhances those other prospects for rehabilitation which I have already identified.
29In my view this is an appropriate case for the imposition of a sentence which involves the requirement to serve a period of immediate imprisonment, followed by release upon recognisance.
30In the circumstances of the sentence that I have structured, I recommend that the Corrections authorities not only monitor your mental health whilst you are in custody but also consider assessing your suitability for participating in offence-specific treatment commencing whilst you are in custody and transitioning to a program available to you upon your release on recognisance.
31Pursuant to the Sex Offender Registration Act you are required to be on the register for a period of eight years. I have made provision for the conditions of that sex offender registration order to be provided to you and they are sitting now with the custody officer ready to be provided to you at the conclusion of this sentence. And, as noted, I formally dispense with the requirement to have you sign an acknowledgement of receipt of those conditions.
32Before I formally pass sentence on you, can I ask you Mr Hort whether you are prepared to consent to a sentence that involves, after the service of a term of imprisonment, release upon recognisance? That is, upon your promise to be of good behaviour from the time of release, for the balance of the sentence, to attend for assessment and, if assessed as suitable, treatment for sex offender programs or other programs directed towards reduction of reoffending as directed, to go to the Ringwood Community Corrections Centre within two days of your release and to obey all lawful instructions and directions of community Corrections officers?

33OFFENDER: I do, your Honour.
34HER HONOUR: Thank you. On the charge to which you pleaded guilty, you are convicted, and you are sentenced to be imprisoned for a period of two years. I direct that you serve a period of 12 months before being released on a recognisance for a period of 12 months. The recognisance is fixed in the amount of $5,000 and you are required to be comply with the following conditions.
35First, that you are to be of good behaviour for that 12 months. Second, that you are to attend for assessment and, if assessed as suitable, treatment for sex offender programs or programs to reduce reoffending as directed by the Deputy Commissioner Community Correctional Services and Sex Offender Management or his or her nominee. That you report to the Ringwood Community Corrections Centre, Unit 1, No 2, Bond Street, Ringwood, 3134, by 4.00pm within two days of your release from custody and that you obey all lawful instructions and directions of community corrections officers.
36I declare pursuant to s 6AAA of the Sentencing Act that, but for your plea of guilty, I would have sentenced you to a term of imprisonment of three years and I would have fixed a non-parole period of one year and nine months. Now, are they all the orders that are required to be made?
37MR MACDONALD: Yes, your Honour.
38HER HONOUR: And have I correctly pronounced the orders in terms of Commonwealth sentencing law?
39MR MACDONALD: Yes, you have, your Honour.
40HER HONOUR: Thank you, do you agree with that, Dr Fitzgerald?
41DR FITZGERALD: I accept that, yes, your Honour.
42HER HONOUR: I have signed a copy of the recognisance release order. An unsigned copy is in the pack to be provided to Mr Hort. It is already down with the Corrections officer. And I will make arrangements for a signed copy of the recognisance release order to be scanned and provided to you, Dr Fitzgerald and to you, Mr Macdonald at the conclusion of the hearing.
43I have also provided a copy of Mr Cummins' report to Corrections, to the custody officer in fact, and that is in a separate sleeve, that is with her now. And I am noting on the order this is Mr Hort's first time in custody and that Mr Cummins has advised that he is at increased risk of self-harm in the period immediately following upon his reception into custody. I direct that the report of Mr Cummins accompany him downstairs and be read and carefully assessed by those who are responsible for assessing him upon his immediate reception and that it remain, of course, on his Corrections file. Any further orders? Anything else required to be done?
44DR FITZGERALD: No, that is appropriate, your Honour.
45HER HONOUR: I should also note that I will annexe the full prosecution summary to the reasons for sentence. I have given a deliberately brief and anonymised account of the circumstances of the offending in these public reasons for sentence but I will annexe the full summary of the prosecution opening so that the detail is available to those who will need to assess Mr Hort.
46DR FITZGERALD: Thank you, your Honour.
47HER HONOUR: Thank you. Please adjourn.
- - -

ANNEXURE[2]
[2]Names and other personal details of the complainant, her mother and siblings deleted.

IN THE COUNTY COURT OF VICTORIA
AT MELBOURNE
CRIMINAL JURISDICTION

COURT REFERENCE: CR-20-00778

IN THE MATTER OF

THE QUEEN

-V-

CAMERON HORT

SUMMARY OF PROSECUTION OPENING FOR PLEA

Date of document:
Filed on behalf of:
Prepared by:

Commonwealth Director of Public Prosecutions
Level 14, 181 William Street
Melbourne VIC 3000

June 2020
Commonwealth DPP
Iain Macdonald

Solicitor code: 9570
Telephone: 03 9605 4333
Reference: 2020PR01095

Charge and maximum penalty

The offender, Cameron HORT, has pleaded guilty to the following offence:

Charge 1:Using a carriage service to procure person under 16 years of age contrary to section 474.26 Criminal Code Act 1995 (Commonwealth)
Penalty:Maximum penalty is 15 years imprisonment.
Overview

The offender is 34 years of age, and was aged 31 at the time of the offending.
The offending occurred between 6 December 2016 and 23 December 2016 and involved the offender using Facebook Messenger to send messages to a 13 year old female child.
The messages contained sexually explicit content in which the accused outlined the type of sexual activity he would like to engage with the child and discussed plans to meet to engage in sexual activity.

Background

On or about May 2016 the offender met [the complainant’s mother] at Marshere Dance Studios in Boronia and developed a friendship with her.[3]
[3]Statement of [the complainant’s mother] at [12]-[16]
[The Complainant’s mother] is the biological mother to 3 children:
a.    [the complainant]
b.    [the complainant’s sister]
c.    [the complainant’s sister]
On 27 September 2016 [the complainant’s mother’s] partner, and the children’s biological father, committed suicide.
Following this event the offender visited [the complainant’s mother], assisted in preparing the funeral for her late partner and began visiting her and her children in the home where they were living.[4]
[4]Statement of [the complainant’s mother] at [18]-[21]
It was during this period when the accused first met [the complainant], the eldest daughter of [the complainant’s mother], aged 13 years old.

Offending

On 6 December 2016, the offender initiated communication with [the complainant] via Facebook Messenger.[5] Following initial pleasantries, [the complainant] advised that she had not been talking to her mother as she had been “too busy with highschool being a year 8!”.[6] The offender responded “oh that’s no good. But I bet you’re looking forward to…holidays”.
[5]Exhibit 02 – Print out of Facebook conversation from [the complainant’s] account
[6]Ibid at p.182
The offender was therefore aware of [the complainant’s] approximate age at the outset of the communication.
On 7 December 2016 the offender first introduced discussions of sex in the following exchange:[7]
[7]Ibid at p.180
Offender: oh that suks..what would you rather be doing?
[Complainant]: Phone stuff and listening to loud music in my room
Offender: phone stuff?
[Complainant]: Insta and facebook. Looking stuff
Offender: oh right i thought you meant something else ...
[Complainant]: Like what
Offender: not going to say ...
[Complainant]: Plz…why
Offender: oh k ill spill. like phone sex or something like that ... is what i thought you were
meaning ...
[Complainant]: Oh no! I don't do that. Why would u think I would do that
Offender: oh good. i may have once ... i don't know. all the kids these days seem to do that.
Following a discussion of whether [the complainant] would be open to phone sex, she eventually admits to having a crush on the offender but notes she did not like him as much as her current boyfriend.[8]
[8]Ibid at p.176-177
The offender told her that she was cute and the following exchange occurred:[9]
[9]Ibid at p.175-176
[Complainant]: I just hope this doesn't ruin our friendship coz I like someone that is much older than me
Offender: no it's okay. just too bad that it can't go anywhere ... or that we can't have fun
[Complainant]: Yeah I know ; (
Offender: what would you do if we could?
[Complainant]: what do u mean. Do it
Offender: what would you like to do with me. If we could? Or what would you want to do anyway?
[Complainant]: its kinda. You know. Weird.
Offender: true and I shouldn’t ask…so how goes the homework?
As the conversation progressed, the offender continually made sexually suggestive or inappropriate comments including:
a.    Asking [the complainant] whether her pubic hair was shaved, natural or trimmed;[10]
[10]Ibid at P.173
b.    Advising he shaves his pubic hair and that it needed doing again, unprompted;[11]
[11]Ibid at P.173
c.    Rebuffing the suggestion nothing sexual could happen between the two of them on the basis you never know what might happen;[12]
[12]Ibid at p.170
d.    Insisting that [the complainant’s] boyfriend should not be playing Playstation as she is “much more important to be, being played with”;[13]
[13]Ibid at p.169
e.    Questioning how faithful [the complainant] was to her boyfriend and under what circumstances she may not be faithful;[14]
[14]Ibid at p.168
f.    Suggesting they have phone sex for entertainment;[15] and
[15]Ibid at p.163-164
g.    Questioning what [the complainant] has done, would like to and not like to engage in sexually.[16]
[16]Ibid at p.158-159
On 9 December 2016 the offender first suggests meeting up following [the complainant] advising her mum had gone to a party for the night. The pair did not meet and the offender suggests they find a future place and time to meet.[17]
[17]Ibid at p.157
The next day, 10 December 2016, [the complainant] advised she was going to a BBQ and was not looking forward to it. The offender questioned whether it would be better if there “was a nice older guy there”[18], comments it was a shame they couldn’t meet up, and suggests they could potentially meet up later and “see what happens when we meet up”.[19]
[18]Ibid at p.154
[19]Ibid at p.153
Later that night, the offender initiated conversation with [the complainant] noting he was intoxicated and feeling happy, flirty and fun.[20] The offender advises that his clothes were ‘restricting’ and that he was “dam horny” before eventually asking [the complainant] what turns her on.[21] During this conversation the offender offered to let [the complainant] know what he would do to her, which included the following:[22]
[20]Ibid at p.151
[21]Ibid at p.150-151
[22]Ibid at p.149-150
a.    “well first i would make out a cuddle with. get familiar with you. then travel a bit further south. but it would depend on what you wear?”
b.    “oh mini skirt? easier assess and easier to hide ...”
c.    “I would then while making out start to rub your boobs. and maybe loosen the bra”
d.    “depending where we were i would take of the shirt and bra and give the boobies a good play as well as the belly button (other wise play with the shirt lifted up) and start going a little lower down town”
e.    “… but i do better at the next bit to. lick a girl out and make cum or orgasum a few times”
f.    “And then once your wet enough the main event would start”
g.    “and then i would insert my rock hard cock deep deep inside”.
The offender continued the conversation asking [the complainant] if she had masturbated, queried whether she would like to lose her virginity to him and queried what she would be willing to show the offender via video or photograph.[23] The offender transmitted an image of himself in underwear with the tip of his penis visible in the band of his underwear to [the complainant].[24]
[23]I bid at p. 148
[24]Ibid at p.145-147
The offender later elaborated on what he would like to do with [the complainant], saying:
a.    “well normally i don't go down on hairy girls but i would make an exception for you and make you cum a few times be for we make some sweet love”
b.    “and also make you scream”
c.    “and to attempt to make you horny and cum”
d.    “and to make you very very wet so i can get my long hard cock deep inside you”
e.    “I'm pretty rock hard… hehe yup and ill be very hard around you too .”
f.    “and it's up to you if you go down on me .. I probs would go down on u”
On 11 December 2016 the offender again raised the prospect of meeting by noting it would be easier for him to catch up as work is quiet and asked when [the complainant] would be available after school. Despite initial rebuffs by [the complainant], the offender notes he is still interested in ‘having fun’ asks her to suggest locations they could meet for approximately an hour.[25]
[25]Ibid at p.140-142
Later that night the accused suggests they could have a “little bit of fun” following receiving an image of [the complainant] in bathers. The offender states that he knows a better place for her tops and bathers.[26] The conversation continues and during this conversation the offender sent the following messages:[27]
[26]Ibid at p.137
[27]Ibid at p.134-137
a.    “oh and do you scream or have you squirted”
b.    “…tonight ill turn you on and we can have some fun and play together xx”
c.    “…and we could do video if you wanted…”
d.    “so you excited for tonight? How excited? And have you ever done it before”
e.    “…well either way we will have fun…xxx…and both cum too”
f.    “what panties do you have on?”
The pair did not meet.
On 12 December 2016 [the complainant] ceased communicating with the offender for a period of time.
On 22 December 2016 the offender re-initiates conversation with [the complainant] by asking why she is in another foster home before bringing up that he never told her where her top and bathers (as outlined in paragraph 21) would look better. At this stage [the complainant] advised that she is not talking like that anymore and told the accused that he encouraged it.[28]
[28]Ibid at p.132-133
There were some brief interactions on 23 December 2016 however the communication substantially ended there, save for two further attempts by the offender to initiate communication in June and August 2017.[29]
[29]Ibid at p.132

Search warrant

On 18 April 2018 investigators executed a search warrant at the offender’s home where the following items were seized:
a.    Toshiba 2 Terabyte portable hard drive;[30]
[30]Exhibit 13
b.    Samsung mobile phone;[31] and
[31]Exhibit 16
c.    Cooler computer tower.[32]
[32]Exhibit 19
All items were forensically analysed and the following was identified:[33]
[33]Exhibits 13, 16 and 19
a.    16 unique images of [the complainant] downloaded from her facebook;
b.    Copies of all photos sent by [the complainant] via Facebook;
c.    Various images of young girls known to the offender downloaded from their Facebook profiles;
d.    A file path containing 41 sub-folders with different girls including [the complainant].

Record of interview

On 18 April 2018 the offender participated in a recorded interview. During this interview the offender stated the following:
a.    He recalls meeting [the complainant] after her biological father committed suicide;[34]
[34]Record of interview at Q197 and 200
b.    He thought she was 16 when they first met and tried to stay away from her;[35]
[35]Ibid Q224 and 227
c.    He recalls [the complainant] having a strained relationship with her mother and had experience in the foster care system;[36]
[36]Ibid Q238-239, 300
d.    He only spoke to [the complainant] at her house when he was visiting;[37]
[37]Ibid Q283-283
e.    Denied any internet messages between himself and [the complainant];[38] and
[38]Ibid Q303-307
f.    Denied having [the complainant] as a friend on Facebook.[39]
[39]Ibid Q358, 376, 454-457
The offender was eventually shown the Facebook conversation, following which he:
a.    Advised he likely blocked the conversation out of his mind due to guilt;[40]
[40]Ibid Q516 and 519
b.    He probably meant sex when referencing having ‘fun’;[41]
[41]Ibid Q528, 592
c.    Admitted sending an image with his penis visible to a child was pretty disgusting;[42] and
[42]Ibid Q647
d.    Agreed it appeared he was trying to make arrangements to meet up with [the complainant].[43]
[43]Ibid Q673

Sex Offenders Registration

The single charge in this matter is a Class 2 offence under the Sex Offenders Registration Act 2004 (VIC) and is a registrable offence.[44]
[44]Sex Offenders Registration Act 2004 (VIC) sch 2 item 28A(v)
Upon sentence, the offender will be a registrable offender as defined in the Act.[45] He is therefore required to comply with the reporting obligations as set out in that Act. As he has pleaded guilty to one Class 2 offence, he is required to report for a period of 8 years.[46]
[45]Ibid s6(1)
[46]Ibid s34(1)(a)

Antecedents

The offender was arrested and bailed on 18 April 2018. The offender pleaded guilty to the charge on the indictment at committal mention on 19 June 2020.
The offender has not served any pre-sentence detention.
The offender has a limited criminal history.
Pursuant to s 6AAA of the Sentencing Act 1991 (Vic), the court must state the sentence it would have imposed but for the pleas of guilty.
Commonwealth Director of Public Prosecutions
29 June 2020

[2020] VCC 1636

9 October 2020