STATE OF TASMANIA v CHRISTOPHER JOHN RICKY OAKENFALL
4 FEBRUARY 2026
COMMENTS ON PASSING SENTENCE PEARCE J
Christopher Oakenfall you were found guilty by a jury of attempting to involve a young person in production of child exploitation material and grooming with intent to expose a young person to indecent material. The crimes were committed against a young girl over the course of about four weeks immediately prior to 17 March 2023, just before and after her 14th birthday. You were then aged 25. The factual basis on which you are sentenced must be consistent with the verdicts. As your counsel correctly concedes, it follows from the verdicts that the jury must have been satisfied beyond reasonable doubt of the truth of the evidence of the complainant, at least in its essential respects. However, except to the extent that the facts necessarily follow from the verdicts it is for me to make findings. Facts adverse to you must be proved by the State beyond reasonable doubt.
You knew the complainant through her family’s involvement in a local sporting club. You were also a member, and you often came across one another there. In 2023 you and she both used Instagram. She accepted you as a contact at your request. You also agreed to communicate by another app called Snapchat. I think it likely that the Instagram and Snapchat connections were as a result of her asking you whether you could obtain for her a vape, an electronic smoking device, which she was too young to buy for herself. At the start your communications with her were innocuous. However you then took the opportunity to communicate with her with a different intention. When she posted a picture of herself on Instagram wearing new pyjamas you sent her a message on Snapchat saying “Nice pyjamas. They’d look good on my floor”. Despite your attempts to explain away this message as an innocent one, there is no rational or plausible explanation for it other than that it is of a sexual nature. That message was not one which formed part of the prosecution case, but it provided context for other messages you admit you sent her on Snapchat. A feature of Snapchat is that messages, once read, disappear either immediately or after a short time. However the complainant was able to save some of messages you sent which consisted of words and images. Three were relied on by the prosecution. One said “Suck me”. Another said “suck my cock”. A third message said “I need my motherfucking cock sucked.” All had your face on the image. You claimed that these messages were not accompanied by any indecent intention. Your evidence was that, in context, these messages were only an ill judged use of a dismissive expression of the nature you might have used to your male friends. The jury rejected your evidence as I do. You were communicating with a 14 year old girl to whom you had already sent an overtly sexual message. The complainant also gave evidence, in the form of her interview with police in March 2023, that you introduced discussion of sexual experiences into the conversation, and sent her a video of, in her words, you having sex with somebody. Despite your denials I accept that the video was sent. Her account of the Snapchat conversations which surrounded the sending of the video contained detail which satisfied me beyond reasonable doubt that her evidence was not fabricated or imagined. The three Snapchat messages I have referred to and the video were the communications sent with intent to expose the complainant to indecent material for count 2 on the indictment.
The complainant also gave evidence that you asked her, in Snapchat messages, to produce and send to you images which would have been child exploitation messages. She said that you asked her to take and send an image of her breasts. Also, one of the Snapchat messages she saved said “Send me something sexy in your school uniform.” You denied sending either message. It follows from the verdict that the jury was satisfied that you sent at least one of them, and that you knew that if such an image was produced it would have depicted a young person in a sexual context. I am satisfied that both requests were sent. Although it is a question for me, it seems most unlikely that the jury would have been satisfied that you sent one but not the other.
You are now aged 28. I have taken into account everything put to me by your counsel. You have no relevant prior convictions. You are presently not employed and receive social security benefits. You have held employment but your last job ended in March 2024. Your last relationship ended at about the same time and since then you have been living with your mother. Your grandmother lives in the same house. You experience some symptoms of depression and have, since charged, sought some counselling. Those symptoms are not relevant to sentence except to affect the type of sentencing order which may be suitable. There was some delay but it is not of any material weight in sentencing. You are not entitled to the mitigation which a plea of guilty would have attracted. The complainant was not spared the additional trauma of having to give evidence and be cross examined. There has been no expression of remorse. A report of your suitability for a home detention order suggests that you still do not understand the seriousness of what you did and have not accepted responsibility for it.
I am required to take into account such of the aggravating factors stated in the Sentencing Act 1997, s 11A, as may apply, although all would be aggravating factors regardless of the legislation. The only one which the prosecution contends applies is sub-paragraph (h), but I do not think that you committed any act likely to seriously and substantially degrade or humiliate the victim. That is not to say that exposing her to the material and making those requests for production of images was not degrading and humiliating to her.
In sentencing for matters of this nature the protection of children is the paramount factor. That is particularly so because communications sent from phones and computers and other electronic devices, especially on Snapchat, occur privately and in secret, away from the supervision of parents and others who are responsible for the safety of the child. Those who choose to engage in such communications must understand that apprehension will result in stern punishment. There are some aggravating factors commonly present in other cases which are not present here. The period of offending was brief, only a few weeks. The complainant did not produce either of the images you asked for. It was your attempt to have her do so which was the crime.
The prohibition of sexual acts with children is founded on the presumption of harm. The complainant’s victim impact statement describes how her ability to trust others has been affected. She has undergone psychological counselling for depression. There may be other factors at play but the effects she describes are just the type of impact which is to be expected to result from crimes of this nature.
I regard the appropriate sentencing response is by way of community based orders which combine punishment and general and specific deterrence with supervision directed to reducing the risk factors for future offending. The home detention assessment report, for reasons concerning your mental health and the home dynamics, recommends against a form of home detention which requires you to be at home at all times. As a result I will make an order which permits you to leave for a limited time each day. I will also make a community correction order requiring supervision for an extended period with an eye to the combined effect of both orders.
I think that the risk of you committing a reportable offence within the meaning of that term in the Community Protection (Offender Reporting) Act 2005 in the future is small but, in light of the nature of this offending, I am not satisfied that there is no risk. Thus I am required to make a reporting order. I make an order directing that the Registrar cause your name to be placed on the Register and that you comply with the reporting obligations under the Act for a period two years from today.
On the indictment you are convicted on both counts. On count 1 I make a home detention order. The operative period of the order is six months from today. I specify the premises at which you are to reside during the operational period of the order as [home detention premises] or such other addresses as may be approved by a probation officer. I order that you report to the office of Community Corrections at 111 Cameron Street Launceston at 9.00 am on Thursday 5 February 2026, for induction into this order, and a further explanation as to its full terms.
There will be conditions that during the operational period of the order:
(a) you must not commit an offence that is punishable by imprisonment;
(b) you must reside at the home detention premises;
(c) you must be at the home detention premises at all times except during the hours of 12 midday to 4 pm on each day unless:
(i) you are travelling to or from, or are at, premises at which you are seeking urgent medical treatment or dental treatment; or
(ii) because it is necessary to not be on the premises in order to avoid, or minimise a serious risk of, the death of, or injury to, you or another person; or
(iii) with the approval, of a probation officer or prescribed officer, given –
- so as to enable you to comply with a special condition; or
- so as to enable you to seek or engage in employment; or
- so as to enable you to attend an educational or training course or activity; or
- so as to enable you to attend a rehabilitative or re-integrative activity or program; or
- so as to enable you to attend a court; or
- for any other purpose approved by the probation officer or prescribed officer.
(d) you must permit a police officer, probation officer or prescribed officer to enter the home detention premises;
(e) you must permit a police officer to –
(i) conduct a search of the home detention premises; and
(ii) conduct a frisk search, within the meaning of the Search Warrants Act 1997 , of you, at the home detention premises or at any other place or premises; and
(iii) take a sample of a substance found on the home detention premises or on the person of you;
(f) you must comply with any reasonable and lawful directions of a probation officer or prescribed officer, including any directions as to the kind of employment, or the place of employment, of you;
(g) you must submit to electronic monitoring, including by wearing or carrying an electronic device and:
(i) you must not, nor permit another person to, tamper with, damage or disable any device used for the purpose of the electronic monitoring; and
(ii) you must comply with all reasonable and lawful directions given to you in relation to the electronic monitoring including in relation to the installation, attachment or operation of a device or system used for the purpose of electronic monitoring by a police officer, a probation officer or prescribed officer or another person whose functions involve the installation or operation of a device or system used for the purposes of electronic monitoring;
(h) you must, if directed by a probation officer or prescribed officer engage in a personal development activity, counselling, or treatment, engage in the activity, counselling or treatment in accordance with any directions given by the probation officer or prescribed officer;
(i) you must submit to the supervision of a Community Corrections officer as required by that officer;
(j) you must not take any illicit or prohibited substances. Illicit and prohibited substances include any controlled drug as defined by the Misuse of Drugs Act 2001, and any medication containing an opiate, benzodiazepine, bupropion, hydrochloride or pseudoephedrine, unless you provide written evidence from your medical professional that you have been prescribed the relevant medication;
(l) you must, if directed to do so by a police officer, probation officer or prescribed officer, submit to a breath test, urine test, or other test, for the presence of an illicit drug;
(m) you must maintain in operating condition an active mobile phone service, provide the contact details to Community Corrections and be accessible for contact through this device at all times.
This order comes into effect immediately, although you may not be fitted with the electronic monitoring device until tomorrow. You must understand that if you do not comply with the conditions, imprisonment is likely. If you breach the order by committing another offence, the order must be cancelled unless there are exceptional circumstances, and in that case imprisonment would be highly likely.
On count 2 I make a community correction order for a period of 12 months to commence on the expiration of the period of home detention. The core conditions of that order will be specified in the order you will be given and include that you not commit an offence punishable by imprisonment, that you report to and comply with the directions of a probation officer, that you must not leave Tasmania without permission and that you must notify of any change of address. I impose special conditions that you must, during the operational period of the order, submit to the supervision of a probation officer as required by the probation officer, attend educational and other programs, undergo assessment and treatment for alcohol or drug dependency, submit to testing for alcohol or drug use and submit to medical, psychological or psychiatric assessment or treatment as directed by a probation officer. If you breach any of those conditions you may be brought back to court and re-sentenced.