Snapchat Sting: R v A and the Grooming of a Minor via Carriage Service

Case Overview and Charge

Our client, Mr A was arrested and charged with a very serious offence, being use of carriage service to transmit communications to the recipient, namely X, being someone he believed to be under 16 years of age, with the intention of procuring the recipient to engage in sexual activity with himself. This offence carries a maximum penalty of 15 years imprisonment.

In short, our client was alleged to be communicating with an underage girl for the purposes of obtaining a sexual benefit.

Mr A pleaded not guilty to the charge and the matter proceeded to a jury trial in the District Court of NSW.

Our client’s position

Mr A instructed us that he did use an application on his phone referred to as “snap chat” on his mobile application to send communications to X with the hope that he would meet up for sex. Mr A instructed us that he was curious if X was real or not and engaged in communications.

Mr A received a number of photographs from X and he maintained that at all times, he subjectively believed, that X was over the age of 16 years. He held the belief that at the time of communications, he believed that to be so, in the sense of having accepted that to be the fact. In other words, Mr A formed a view having looked at the photos send by Ms. X that she was over the age of 16. It turned out that Ms. X was an adult pretending to be a child. Given that there are non-publication orders with respect to same, no further detail can be provided.

The Evidence

The Prosecution relied heavily upon the content of the communications between Mr A and X, in order to try and prove beyond a reasonable doubt, that Mr A was criminally responsible for transmitting communications to a person he believed to be 16 years of age, with the intention of procuring them to engage in sexual activity.

Mr A gave evidence under oath, he had no obligations to do so. In doing so, he allowed himself to be exposed to challenge from the prosecution and to be scrutinised. Under cross-examination, he was tested and was entirely unshaken.

Mr A had, prior to this, never been charged by the police with any offence whatsoever, and the Court gave the jury a good character direction.

Mr A, throughout his evidence in chief and during cross-examination, maintained that he developed a belief that the photographs he was sent, depicted a mature woman, being at least 18-20 years of age. He conceded fairly and honestly that X looked a bit younger in one or two of the photographs, that is to say 17-18 years of age. In describing the photographs to the Court, Mr A said “the photos to me showed a gorgeous woman with an attractive body and mature breasts”. That was Mr A’s belief and the question to be determined was whether that assessment was reasonable and acceptable, having regard to all the evidence, including the communications and the photographs.

The Verdict

The jury deliberated for a few days.

As the jury was unable to reach a unanimous verdict, the jury remained hung.

At first glance, this may seem as a disappointing outcome. The fact remains that the prosecution was unable to prove beyond a reasonable doubt that Mr A was guilty of the charge with a unanimous verdict.

The prosecution will have to consider whether to re-try Mr A.

Why Choose National Criminal Lawyers

At National Criminal Lawyers®, we offer experienced, strategic legal support in sensitive matters. If you’re looking for an experienced sexual assault defence lawyer in Sydney, our firm is here to defend your rights with compassion and precision. We also offer a free consultation with an experienced sexual assault lawyer in Sydney to help guide you from the outset.

If you’re navigating a complex legal issue or are falsely accused of sexual assault, we provide immediate legal advice for sexual assault charges. Learn more about what to do if falsely accused of sexual assault in NSW or our approach to navigating sexual consent laws in New South Wales.

Final Word

This case highlights the importance of a strong legal defence and thorough cross-examination. At National Criminal Lawyers®, we fight for our clients and ensure their voices are heard. Call National Criminal Lawyers® today on 1800 CRIM LAW or click here.