Brenton Devlin pretend to be 16yo Crows supporter in bid to groom 14yo child
A former youth leader with a “pedophilic orientation” is hoping to avoid jail after sending explicit messages to a 14-year-old, while pretending to be 16, a court has heard.
Mount Gambier
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A former youth leader with a “pedophilic orientation” who sent explicit messages to a child is hoping to avoid jail — with claims his disabilities prevent him from carrying out any sex acts, a court has heard.
The Mount Gambier District Court heard Brenton Devlin, 60, was involved in a serious crash in 1991 and now lives with a number of complex disabilities.
Prosecutor Ben Sturm sympathised with Devlin’s disabilities but said it was clear there had been no physical change in the accused between the time of offending and now.
“His permanent infirmity — is one that predated this offending, in physical terms he is equally as capable of committing the offence today as he was 17 months ago,” Mr Sturm said.
Mr Sturm argued the Devlin’s charges related to the communications he had with the child and “the effect that they have on the victim”, not whether he was physically capable of carrying out any sex act.
Mr Sturm questioned a psychological report, which said the accused had a “pedophilic orientation” rather than a pedophilic disorder.
Devlin, who pretended to be a 16-year-old boy after finding out the girl he was speaking to online was 14, sent her a picture of a young male in a Crows guernsey, the court heard.
Devlin has previously pleaded guilty to communicating to make a child amenable to sexual activity.
According to court documents, the Mount Gambier man repeatedly messaged the 14-year-old child between April and May 2021.
Devlin’s lawyer Kate Annells said her client, who is both a paraplegic and lives with a traumatic brain injury, posed no danger to the community.
“It was essentially a very lonely, intellectually disabled man, who was to some extent, expressing fantasies that have no prospect whatsoever being carried out into real life,” Ms Annells said.
Ms Annells, asked the court for any term of imprisonment to be served on home detention adding the costs the state would incur in trying to imprison the accused.
“Medical evidence suggests that his complex health problems (are) likely to be very difficult to manage in custody,” she said.
“The likely costs of imprisoning Mr Devlin in the prison system are going to be substantially higher than they would be for a usual prisoner.”
Judge Heath Barklay ordered a home detention suitability report so he could consider all sentencing options.
Devlin will front court in November for sentencing.