A Wangaratta man who sent sexually explicit messages and images to a person he believed was a 14-year-old boy has avoided immediate jail despite being sentenced to 21 months' imprisonment. He appeared at Melbourne County Court on Wednesday supported by his partner and his parents following a guilty plea to two charges of using a carriage service to solicit and transmit child abuse material. Judge Michael Cahill sentenced the man to 21 months' imprisonment but ordered his immediate release on a recognizance release order, requiring him to be of good behaviour for two years. During that period, he will be supervised by a probation officer, undergo treatment as directed, and he must not travel interstate or overseas without written permission. Judge Cahill warned that any breach of the order could result in the man being fined and returned to serve the 21-month prison sentence. The 39-year-old pleaded guilty last week to sending sexually explicit messages and images to a person he believed was a 14-year-old boy on Snapchat. The court heard undercover operatives added the accused on Snapchat in July 2024 under the name ‘Josh’. The accused was told Josh was a 14-year-old boy from Melbourne and sent several indecent messages to him, saying he was cute, that he was on Snapchat for “naughty things… like penis” and showing pictures and describing a “glory hole” to him. He sent several lewd images of himself to Josh and made repeated attempts to see Josh in his underwear and videos of Josh masturbating. The conversation between the pair ended on 14 October, the same day the accused engaged in conversation with another person on Snapchat. They exchanged several lewd messages and the accused referred to discussing the person “having sex with a 15-year-old child”. “When he didn’t respond positively to you, you abandoned the conversation and moved on to another,” Judge Cahill said. The man was arrested and charged following a search at his home on 15 October 2024 by Wangaratta SOCIT members with assistance from the specialised JACET unit. At the time he denied knowing how old Josh was or that there was any discussion about his age. In defence the court heard the defendant's life was upended following his arrest after his wife ended their relationship and asked him to leave the family home, and he resigned from his employment. It was heard he had found support from a new partner since the offending, maintained a relationship with his children and engaged in rehabilitation programs. Judge Cahill said the offending was “obviously serious”, but said the online conversations were "less depraved than many other incidents that have come before this court". Judge Cahill said the man "doesn't seem to have any sexual deviances", describing the offending as situational and linked to difficulties in his marriage. “He is in my view remorseful and unlikely to reoffend,” he said. Judge Cahill noted there was "no dispute" that a prison sentence was required, but took into account the man's lack of prior criminal history, cooperation with police and strong prospects of rehabilitation. The 39-year-old had not spent any time in custody for the offending, and he was placed on the sex registry list for life.
