By Mitchell Clarke
A “fun loving” Clyde father who planned to meet up with what he believed was a 14-year-old girl at McDonald’s to engage in sexual activity has been jailed.
Benjamin Robert, 40, was sentenced in the County Court on 23 November, after pleading guilty to one charge of using a carriage service to procure a person believed to be under 16 years of age.
Between 13 February and 27 February 2020, Robert sent lewd messages and images on social media to a Victoria Police undercover operative (UCO) purporting to be a 14-year-old girl.
The court heard the UCO told the offender she was 14, to which he replied that he “felt bad because she was young, but from looking at her profile picture, she was gorgeous”.
After receiving an image from the UCO, Robert said she had “kissable lips”.
The father of three described himself as “very passionate and sensual” and outlined in detail how he would perform oral sex on the girl.
After sending a lewd image and explicit messages, which are too graphic to report, Robert attempted to reassure the victim that he didn’t want to pressure her into anything as he was “conscious she was younger than him”.
He proceeded to call her “gorgeous” and said he would treat her like a princess.
The court also heard Robert said he was trying to give the victim a “sensual experience”, but when she told him she hadn’t had sex before, he said he would “leave that part for now”.
The pair arranged to meet up at a McDonald’s in Frankston on 27 February, where the offender again outlined in detail how he wanted to perform oral sex on her.
He asked her what she’d like him to bring and she asked for chocolate and phone credit.
On the day of the meeting, Robert was seen driving in the area. Police swooped and arrested him at a nearby petrol station, after he’d just purchased a box of Ferrero Rocher chocolates.
He claimed the chocolates were for his family, telling police he thought he’d “be a good dad and buy some chocolates”.
The court heard Robert was emotional during his arrest and said: “I wasn’t gunna (sic) do anything, I wasn’t gunna do anything, please” and “This is not who I am … I thought this was all just a complete joke … my life is ruined”.
In sentencing, Judge Martine Marich said Robert’s offending was “objectively serious and grave”.
“You were told from the outset of your conversation with (UCO) that she was 14 years old and in year 8 but you proceeded with an intimate and sexualised conversation with her,” she said.
“Four days later you were proposing meeting this person. You were suggesting very explicitly performing oral sex on her. The deeply explicit conversations continued and you requested she sent intimate images to you … You were 39-years-old.”
Judge Marich said Robert’s actions led to a “profound fall from grace” and believed he had good prospects of rehabilitation.
The court heard he had the support from his family and friends, who provided glowing character references.
The court also heard a media article, which was published after the plea hearing, labelled Robert as a “sicko” and a “child sex fiend”.
Robert’s counsel argued the “unflattering description” and the article itself presented a “special burden” and served as a partial deterrent from further criminal action.
The counsel called on the judge to take this into account when sentencing. The prosecution said the article was a “natural consequence” of open justice and said it was not uncommon for the media to report the offender’s suburb.
Judge Marich said while most of the article was unobjectionable, the use of the “sicko” and “child sex fiend” terms were “gratuitous and unnecessary”.
“I allow some modest mitigation of sentence in the exercise of my discretion to accommodate this fact,” she said.
Robert was sentenced to two years in prison but will be released after nine months to enter into a $1000 recognisance to be of good behaviour for two years.
He won’t be required to pay the sum of money if he remains of good behaviour.
