STATE OF TASMANIA v JKS 29 JUNE 2026
COMMENTS ON PASSING SENTENCE SHANAHAN CJ
JKS, you have pleaded guilty to a single count of grooming with intent to expose a child or young person to indecent material contrary to s 125D(3) of the Criminal Code. The particulars are that between on or about 21 October 2022 and 29 January 2023 at [address redacted] you communicated with the complainant with the intent to expose her to indecent materials.
You were born on 20 April 1982 and are currently aged 44 years old. At the time of the offending you were 40 years old. The complainant was born on 27 November 2008. At the time of the offending she was aged between 13 and 14 years old.
At the material time you were friends with the complainant’s mother and her partner. At that time, and as a consequence of your friendship, the complainant had known you for a year or two prior to the offending.
On 21 October 2022, the complainant’s mother had a birthday party at her home. The complainant was present. You were invited and attended the party with your fiancé. You were drinking at the party. At 10:41pm that evening, you contacted the complainant via Facebook Messenger and asked her if her parents were still awake. You had never messaged the complainant before. The complainant replied that her parents were having a shower. You responded: “oh sexy lol.” There was a further exchange and ultimately you asked for her SnapChat username, which she provided. Subsequently, the complainant accepted your friend request on SnapChat. You had a brief exchange via SnapChat where you called the complainant a “snob” and asked if she was awake.
On 6 December 2022, you sent the complainant a photograph which showed you naked. The image shows your naked legs, genitals and torso reflected in a mirror, with the phone covering your face. The words “To early for this shit” are overlaid on the image. The complainant opened this message approximately an hour after receiving it.
At 3:33pm, you sent the complainant the further messages via SnapChat, including: “I guess essentially if you get them a lot,” “Don’t worry it won’t happen again,” and “Don’t want you to hate me lol.” When the complainant replied stating “I won’t hate you”, you responded: “U might if I did it again lol.” You then had a further exchange with the complainant.
The complainant approached her mother and showed her the messages she had received from you. From this point, the complainant’s mother began taking photographs of the messages, and photographs that you sent to the complainant.
On 21 December 2022 from 8:30pm, you responded to a SnapChat story the complainant had posted, describing an incident in which her brother nearly saw her naked in the bathroom. The complainant indicates that she wished an adult had been there. You responded: “That would be embarrassing,” “Pity I wasn’t there haha” and “To help with the towel or the basket haha.” The complainant accidently sent you an “x” at the end of one of her messages and apologised for doing so. You messaged: “Lol all good you can kiss me hahha.”
Later in the same conversation you tell the complainant: “You don’t open your snap up in front of everyone to see do you lol.” When she responded in the negative, you sent: “Good lol. You never know what I send lol” and “Or maybe I shouldn’t?” “Send silly and naughty pics lol.” The complainant changed the subject. You later asked her: “want some fun lol.” The complainant told you she wanted to sleep, and you told her to stay up. You continued to message the complainant regularly overnight, telling her to wake up, but you got no response from the complainant. The next morning at 7:36am you sent another message to the complainant: “Sorry. I was drunk last night.” The complainant did not reply.
On 31 December 2022, you and the complainant had a short conversation which you initiated, where you asked her how she was. On 2 January 2023, you had another very short conversation.
On 20 January 2023 you had another conversation. You ask what the complainant is doing. At 12:36am the next morning you ask if she is awake and again ask what she is doing. You ask: “U alone.” When the complainant asks why are you asking, you state: “just asking lol” and “I’m bored. Dare me to do something.” The complainant refuses to dare you because she is tired, and you state: “If your alone send me a pic of you and I’ll dance.” The complainant then sent: “What??” You then repeat: “If u really are alone send a pic of u and I’ll dance for you lol.” The complainant tells you she is tired and good night. You state: “Opps me a bit drunk lol” and “sorry.”
On 28 January 2023, you have the following exchange:
Accused: “Sorry I’ll leave you alone then.”
Complainant: “Nah its fine I’m just tired.”
Accused: “Yer ok do u like the pics I send.”
Complainant: “idk”
Accused: “Lol. You can so no if you want and I’ll stop it.”
Complainant: “Just haven’t gotten ant(sic) pics from people.”
Accused: “I send you pics.”
Complainant: “ur the only one.”
Accused: “Doesn’t anyone send pics like I do. I’m sure others send you pics.”
Complainant: “They did but I block em cause they’d send a bunch without a break.”
Accused: “Oh really. I don’t do that. I don’t really send you dic pics lol. To scared to.”
Complainant: “Ah yep haha.”
Accused: “worried someone else might see lol.”
Complainant: “Yeah haha.”
Accused: “So safer not to?”
Complainant: “Yeah”
Accused: “Ok I won’t any more lol.”
Complainant: “Okay.”
Accused: “Rather show in person anyway lol.”
Complainant: “Lol.”
Accused: “Well I’m off to sleep night.”
The complainant’s mother took photographs of the images you sent to the complainant via SnapChat during your conversations. I have noted but will not describe the contents of those images.
This matter was brought to the attention of police in December 2022. At some stage after 29 January 2023, the complainant blocked you on SnapChat.
On 29 January 2023, at 6:04pm, you texted someone named [name redacted]. You had a conversation with [name redacted] in which he referred to allegations regarding you and your contact with a 14 year old girl over SnapChat, including wanting to send her nude pictures. There was an indication that police had been notified.
At 8:53am on 30 January 2023, you tried to call the complainant’s stepfather, and texted asking him to call you. He responded that he could not talk over the phone. You then had an exchange with him by text. In that exchange you stated “No worries. Just want to talk to you about something and apologies. I think I sent some wrong messages to the wrong person thinking it was another person.” You also said “Yer I get drunk and I didn’t realise what person I was sending to as I have 2 names the same. I didn’t realise till yesterday. Wish she said something or blocked me. I blocked her on everything. I feel so embarrassed and sick inside about it all. Fuck snapchat I’m deleting the stupid thing.”
After then being told by the complainant’s stepfather that he was aware of what you had sent to the complainant, you then texted, “Yer I fucked up. I never asked her for nudes or anything. I really hate myself like really bad. So sorry mate I really am. I don’t know what got into me. I been so messed up lately but that no excuse”, and “Yer I need to sort my life out I really do.” …“Yer I’m so sorry. I would never have would of meet up. I think cause I was stirring her and then I don’t know just went all the wrong way about it. I’m that sorry like you don’t know how bad I feel about it all. Yer I’ll talk to her.”
On 5 March at 7:42 pm, you messaged [name redacted] again and you discussed what had happened and you stated, amongst other things, “I fucked up so now I’ll have to deal with the consequences really. I don’t know why I did it cause none of it makes sense to me every time I go over it…. I’m sorry … that I fucked up. I didn’t mean to. I just don’t know what the fuck happened to me. I wish I could close my eyes and its just a bad dream but it’s not. I just wanna go to sleep and not wake up again… I’m not asking anyone for help. I need to deal with it. I have been speaking to a professional to try and help me and get an understanding of why.”. You then continued to talk with [name redacted] about the consequences for your relationship with your fiancé.
On 2 March 2023, your fiancé became aware of the allegation and spoke to the complainant’s mother. She confronted you, and you told her that you: “didn’t know what was going through … [your] … head.” You told her that you did not know that the complainant was that young.
On 16 August 2023, a search was conducted at your address. Police seized your telephone and an orange t-shirt that was shown in many of the SnapChat photographs.
On 18 September 2023, an interview was conducted with you at Hobart Police Station. During your interview you confirmed that you had met the complainant at a party. That the complainant was the stepdaughter of a friend. That you had known your friend for two or three years but only met his partner twice. You believed the complainant was 17 or 18 at the time. You went to the party and had a few drinks.
You said you had a bit to drink before you spoke to the complainant. The complainant was drinking as well and you said you had met her before. You asked the complainant if she had SnapChat, and you started talking from there. You said that you and the complainant talked off and on, but did not go in depth. You probably sent her “indecent photographs” but you were not 100% sure. You were probably drinking when you sent them.
You agreed that it was you in the SnapChat images with the orange top on. You agreed another photograph sent – where the subject is shirtless – is a photo of you. You agreed the naked photograph was a photo of you. You said you do not know what you were intending, you were taking the photographs to make yourself feel good. You said you did not know if you had sent any other pictures to the complainant.
You agreed that you had not made any inquiries prior to sending the complainant photographs. You agreed you probably should have. The complainant did not suggest that she was 17 or 18. You denied ever asking the complainant to sneak out of her house to meet up with you. You said you asked her to join you in walking the dog and asked if she wanted to meet up for a chat. You said that you never said anything sexual to her and that you never met up with her.
You also said when you found out how old the complainant was you felt sick inside, and that it was not intentional. You stated that you did not communicate with her after you found out how old she was. You said when the complainant was drinking and dressed up, she looked older.
You received a summons in this matter in March 2025. There are no relevant prior convictions, your record is mainly traffic offences.
The complainant has chosen not to provide a victim impact statement.
The State seeks an order that your phone be forfeited to the State as tainted property pursuant to ss 11(1)(a) and 16 of the Crime (Confiscation of Profits) Act 1993. The phone is identified in property seizure record 220109.
The State started by observing that this is a crime to which s 6 of the Community Protection (Offender Reporting) Act 2005 (Tas) applies. It was submitted that I cannot be satisfied that you pose no risk of committing a reportable offence in future. If I am not so satisfied then the Court is to make an order under s 6 directing the Registrar to place your name on the Register maintained under that Act, and requires you to comply with the reporting obligations imposed under the Act. It was put that whilst the crime to which you have pleaded guilty does not require that a young person actually be exposed to indecent material, in this instance you had communicated indecent material to the complainant.
It was submitted that your contact with the complainant was persistent and constituted a breach of trust because the complainant’s mother and stepfather had invited you into their home and allowed you contact with their daughter and stepdaughter. You were known to the complainant. Your communications with the complainant reveal that you were aware your conduct was wrong and you took some steps to avoid being detected by inquiring whether the complainant opened her SnapChat in front of others, and that you send silly and naughty pictures.
I find that you were aware that your conduct in sending indecent images to the complainant was wrong. I also find that you knew that the complainant was not 17 or 18 but that she was a child in her early teenage years.
I was provided with a home detention suitability and pre-sentence report dated 1 May 2026. The report found that you were deemed suitable for community supervision and/or suitable for community service. It also found that if a home detention order was made, you are suitable for an order described as “option 2”, that would require you to remain in your home at [address redacted] between 6:00pm and 6:00am, and at all times on the weekend. The report also found that you would benefit from accessing an intervention targeted at the elements of your offending of a sexual nature.
You were born and raised in Tasmania. You report a sound upbringing without exposure to substance abuse or domestic violence. You have four elder brothers and a foster sister. One of your brothers has died from cancer. Your parents separated 10 years ago. You speak to your parents on a regular basis and currently reside with your mother and her partner. You continue to have contact with your remaining siblings with the exception of a brother who, it is reported, lives an anti-social life style.
The report sets out your relationship history. It describes three primary relationships. You had one child with your first partner and two children with your second partner. In the context of your second relationship, you were the subject of a police family violence order due to numerous family violence reports. Your third relationship failed as a result of this offending.
You completed school to year 11. You report getting along well with other students and teachers. You have not obtained any further qualifications since leaving school. You are employed as a full time metal fabricator and have been employed by the same company for 21 years. It is reported that you are regarded as a valued employee.
You earn a regular wage of $2,400 per fortnight but have $9,141.96 in outstanding fines with a last receipt date of 14 October 2014. You have generally good physical and mental health but reported depressive symptoms with regard to the circumstances surrounding your offending and engaging with a psychologist fortnightly in that regard.
You struggled with alcohol following your brother’s passing and the deaths of two other close friends, and the problems in your second relationship. You have reported being sober for nine months with the help of your psychologist and the Hive counselling. The report confirms those matters.
You are reported as being shameful and remorseful, and attributing your offending to your emotional state at the time and your alcohol use. You are seeking to acquire strategies to cope with difficult situations in your life. You are willing to engage with Community Corrections if made the subject of a community corrections order.
You were subjected to Static-99R testing which measures the risk of recidivism for those convicted of sexual offending. It is reported that you received a score of 1 which places you at Risk Level III or “average risk”, this suggests a 5-year recidivism rate of 3–4%. In that regard I note that the Static-99R testing does not measure all relevant risk factors and is only a guide. It is recommended that you engage in further sexual offender treatment as directed by a probation officer, and that you not provide permanent or temporary accommodation to any person under the age of 17 without the approval of Community Corrections.
Your counsel submitted in mitigation that you were struggling with alcohol and whilst that impaired your decision-making, you were aware of what you were doing.
I was provided with the following defence materials, an un-dated Hive alcohol counselling attendance report, apparently prepared by a clinical counsellor and psychotherapist Mr Daniel Silver; a report from Mr Jeffrey Cummins, a consulting clinical and forensic psychologist, dated 23 January 2026, and three character references from your employer, [names redacted].
The Hive report shows you presented with alcohol addiction on 24 November 2025 and that your attendance at counselling since 24 November 2025, has been good and that you have been engaging in that program. It is said that you are “now able to recognise and manage difficult situations and emotions”. Again, it is reported that you have expressed shame and remorse over your conduct. You have continued to reiterate that you were unaware of the complainant’s age. I have already indicated for the purposes of sentencing I do not accept that. I understand you have now been equipped with relapse strategies and have requested ongoing support going forward.
Mr Saric relied upon the report of Mr Cummins and his diagnosis that you were suffering depression, anxiety, and grief at the material time for the submission that your offending can be attributed to those factors and your abuse of alcohol. At paragraph [29] of his report Mr Cummins notes:
“[name redacted] stated that … there was some nexus between his offending and his alcohol dependency at the relevant time. Nevertheless he confirmed he has now reached a level of insight where he understands that even if alcohol did play a role in his offending, it was he who allowed himself to become dependent on alcohol. He acknowledged at the time of offending he was at least reckless concerning the age of the complainant and that because of his state of depression, boredom and frustration it was then ‘exciting’ for him to engage in the communications with the complainant.”
Mr Cummins confirms his view that you are remorseful. He described your offending, at [29], as “a significant breach of trust and a significant boundary violation”. He also assessed your risk of re-offending as low, albeit he described it as a non-appreciable risk. He recorded your psychological counselling, at [33] as focussing on “boundary issues”. He reported that you are now back in a relationship with the mother of your two children and that you have her support.
On the basis that the risk of your re-offending is low, and given the recommendations of Community Corrections and the nature of your offending, I cannot be satisfied that you do not pose a risk of committing a reportable offence, albeit that risk is low.
Whilst Mr Cummins has used the adjective “non-appreciable” to qualify his assessment that your risk of re-offending was low, I am not persuaded that the risk involved is so small it cannot make a significant difference or that it is negligible. That would be inconsistent with the testing done by Community Corrections that indicates your risk of re-offending is average, the recommendations made by Community Corrections and in any event, is not consistent with my assessment of the nature of your offending. That means that I am obliged to make orders under s 6 of the Community Protection (Offender Reporting) Act 2005.
Mr Saric submitted that your offending was in part driven by your exclusion from being able to see your two children by your second relationship, [names redacted], during the material time when they were 11 and 12 years old, albeit you were able to see your other children during this period.
At the time of the offending, you had not sought help with your mental health or alcohol dependence. Indeed, it took you some time to do so even after police spoke to you about the circumstances of your offending in September 2023. You started taking steps to your rehabilitation in December 2024. I was told by your counsel that you intend to remain abstinent from alcohol. It was acknowledged by your counsel that the recommendation by Community Corrections that you “would benefit from accessing an intervention targeted to address specific needs related to the sexual nature of their offence ” would assist you.
I was encouraged to place your rehabilitation at the heart of any sentence. Of course, that does not mean that I can overlook the demands of general and specific deterrence in respect of this type of offending and the need to protect children from sexual depredation. In that regard, it was submitted that I should not impose a sentence of immediate imprisonment but that a suspended sentence may achieve the objects of deterrence in this matter.
I note that I have character references that support the contention that you are otherwise a person of good character. Many persons charged with offending of the type to which you have pleaded guilty are otherwise of good character. I have considered that material. Whilst it remains something I can weigh in the balance in this case, it is of marginal weight when measured against the nature and type of your offending.
[Name redacted], I convict you of grooming with intent to expose a child or young person to indecent material, contrary to s 125D(3) of the Criminal Code. I impose one sentence. In doing so I note that you have pleaded guilty and have no relevant prior convictions. I have also taken into account the psychological reports concerning your offending. I sentence you to an immediate term of imprisonment of 12 months but suspend the whole of that term for a period of 18 months on the condition that you do not commit an offence punishable by imprisonment. Also in that regard, under s 24(2) of the Sentencing Act 1997, I make the order suspending part of your sentence subject to the following conditions, which include a supervision order and an order as to rehabilitation programmes:
Supervision Order
- That you will be subject to the supervision of a probation officer for a period of 18 months. I impose the following as conditions of your supervision:
- You must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer;
- You must, during the operational period of the order, undergo assessment and treatment for alcohol dependency as directed by a probation officer;
- You must not, during the operational period of the order, consume alcohol;
- You must, during the operational period of the order, submit for testing for alcohol as directed by a probation officer;
- You must, during the operational period of the order, submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer, and in particular engage in further sexual offender treatment as directed by a probation officer, and
- That you do not provide permanent or temporary accommodation to any person under the age of 17 without approval by Community Corrections
You must, for the purposes of that order, report to a probation officer at 75 Liverpool Street, Hobart, within two business days from today; and
Rehabilitation Order
- That you undertake any rehabilitation program required by your probation officer.
These are not like community service or community supervision orders. They work as conditions upon which the suspension of your sentence rests. If you breach these conditions imposed under s 24(2) you may be brought back to this Court for re-sentencing and required to serve an immediate term of imprisonment.
By making those orders subject to s 24(2), I acknowledge the seriousness of your offending. Alcohol appears to have been a significant catalyst for your offending and thus I am concerned about your continuing level of sobriety. If I have erred in this sentencing disposition by accepting evidence of your sobriety and that manifests itself through a breach of the Court’s orders, you will be brought back and re-sentenced.
I also make the following order under s 6 of the Community Protection (Offender Reporting) Act 2005. I am required to make such an order at the time that you are sentenced and all the periods of time nominated in my orders under that Act run from today. You have been convicted of a class 1 offence under the Act, see Schedule 1, and can be required under s 24(1) to meet the reporting obligations under that Act for a period not exceeding eight years. I direct that:
- The Registrar cause your name to be placed on the Register, and
- You are required to comply with the reporting obligations under the Act for a period of two years.
I also make the order sought by the State that your phone be forfeited to the State as tainted property, pursuant to s 11(1)a and s 16 of the Crime (Confiscation of Profits Act) 1993. As I noted earlier, the phone is identified in Property Seizure Record 220109.
This disposition gives you an opportunity to turn your life around. It is entirely up to you whether you take it.