STATE OF TASMANIA v BRYER IMRE NAGY 4 FEBRUARY 2021
COMMENTS ON PASSING SENTENCE BLOW CJ
Mr Nagy has pleaded guilty to a charge of grooming with intent to procure a child (or young person) for sexual abuse. In November 2019 he communicated with a 12 year old girl by telephone for the purpose of arranging unlawful sexual activity with her.
The girl in question was an unusually vulnerable 12 year old. She has been diagnosed with autism spectrum disorder, anxiety and intellectual disabilities. Mr Nagy made contact with her through social media. They have never met face to face. They communicated about sexual matters. Mr Nagy sent the girl photos of his penis and a video of himself having sexual intercourse with a former partner. He knew that she was too young for any sexual activity with her to be lawful. He told the police that she said she was 13, but she told the police that she told him that she was 12. I do not need to make a finding as to which of those versions is correct. Mr Nagy made an arrangement to meet the girl near her home at 12 noon on a Saturday, but her mother became aware of the arrangement and prevented her from attending. He made a new arrangement to meet her at midnight, but the police intervened before then and thwarted that plan.
Mr Nagy was 19 years old at the time in question and is now 20. He has no prior convictions. He is a person of very low intelligence, but not to the extent that he can be classified as having an intellectual disability. During his school years he experienced learning difficulties, was bullied, and was socially isolated. Before committing this crime he had problems with depression, saw a general practitioner about that condition, and attended a number of appointments with a psychologist. He was reaching out for social contacts, used social media for that purpose, and resorted to interacting with females much younger than himself. He lacked confidence and social skills. He attempted suicide about a month after being charged with this crime. It is likely that his mental health would be adversely affected if he were ever sent to prison. He needs more professional help. He now has a partner. They are living in rented accommodation. He is unemployed, and dependent on Centrelink benefits. A probation officer has reported that there is an average risk of him reoffending, that he is considered suitable for a community service order, and that there is no need for him to be supervised by a probation officer.
Mr Nagy’s conduct has adversely affected his victim’s social development. She ceased to spend time on social media, and that led to the breakdown of friendships. She is more distant with her family. It has been a distressing experience for family members as well as her.
Because Mr Nagy is immature, is not very bright, and has not been in trouble before, I think the most appropriate course is for me to punish him by requiring him to perform some community service. I will also have to order that his name be placed on the sexual offenders’ register.
Bryer Imre Nagy, I convict you and make a community correction order, to operate for 12 months commencing today, with a special condition that you must satisfactorily perform 42 hours’ community service as directed by a probation officer or a supervisor. I also order that the Registrar appointed under s 42 of the Community Protection (Offender Reporting) Act 2005 place your name on the register under that Act, and that you comply with the reporting obligations under that Act for a period of five years.