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The Canberra Times
The Canberra Times
Tim Piccione

Man admits online grooming after police pose as 14yo 'Rosie'

A man has admitted to online grooming after police spoke to him on social media while posing as a 14-year-old girl named "Rosie".

But while sentencing the offender for the predatory crime on Friday, Justice Louise Taylor found there was a "direct causal link" between the conduct and the man's "significant intellectual disability".

"The communications are not overtly sexual," she said.

The judge also made clear the 40-year-old man, whom The Canberra Times has chosen not to name, was not a good vehicle for general deterrence.

His arrest came after police investigated the man's suspicious online activity, including him speaking to "juvenile females" over Facebook.

Pretending to be the 14-year-old Rosie, officers engaged with him online in March of this year over nine days.

Justice Taylor said the man's messages were platonic, for the most part not sexually suggestive, forceful or sophisticated, but that he was seeking an "inappropriate connection".

Two selfies he sent her were not sexual in nature and despite asking for a photo in return, the judge said the request was also not sexual in nature.

He told the girl it was "okay if she does not want to send images of herself" and asked to hang out but "it's up to her and only if it is okay with her mum".

However the man did send a small amount of sexualised messages to someone he believed to be 14, including telling her the pair could not have sex until she was at least 16.

"He was aware of the inappropriateness of the contact," Justice Taylor said.

The man told a pre-sentence report author he was not targeting young girls online but simply wanted to make friends and would talk to anyone.

The court found the man's intellectual disability and developmental delay were major contributing factors to his offending, affecting his inability to form normal relationships and his pattern of communication on social media.

The intellectual disability, Justice Louise Taylor said, affected the how the man was exposed to exploitation and his reasoning ability. It also reduced his moral culpability

The ACT Supreme Court, where the man was sentenced on Friday. Picture by Sitthixay Ditthavong

He pleaded guilty to the charge at the case's first mention in court.

The judge ultimately handed him a 15-month jail term but ordered he be released immediately under what is effectively a suspended sentence to be served in the community.

To do that, she found several factors, including his intellectual disability, it's nexus with his offending, his lack of relevant criminal history and the difficulty he would face in full-time custody, amounted to special or exceptional circumstances.

He must also enter into an agreement to be of good behaviour for two years under supervision, not travel without permission, and attend education and treatment as directed.

He was found to be genuinely remorseful and to not have a sexual interest in children.

Justice Taylor spoke directly to the man following the sentence, telling him he would need to accept the help and support she had ordered.

"But you don't have to go to prison today. Do you understand that? You can leave today," she said.

"You have to comply with those provisions so you don't get into any more trouble in the future."

The man nodded before leaving with family members.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; MensLine 1300 789 978; Kids Helpline 1800 551 800; Bravehearts 1800 272 831; Blue Knot Foundation 1300 657 380.
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