Adelaide DJ Nicholas Emmanuel Athans, who pursued teen girls for sex, asks court for home detention sentence, not jail
A DJ who pursued teens online for sex should be spared jail, his lawyer says, because he was not much older than his victims at the time.
Police & Courts
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A DJ found guilty of pursuing underage girls online for sex should be spared a mandatory prison term because he was not much older than his victims, a court has heard.
Nicholas Emmanuel Athans has also been accused of breaching his bail while awaiting sentencing by possessing a phone capable of connecting to the internet.
On Thursday, counsel for Athans – once a fixture of Hindley Street’s underage dance events – told the Supreme Court their client should receive a home-detention sentence.
Marie Shaw QC, for Athans, conceded SA law required convicted sex offenders to serve a mandatory, unsuspended prison term – unless there were “special circumstances”.
“The inevitability of imprisonment is disputed … we say the defendant is not excluded from a home-detention sentence,” she said.
“He was 20 years old at the time of the first offence, and (the law) carries an exception for a person who is 20 years old or less.
“There is also the circumstances of the alleged victims’ ages, and the age difference between them and the defendant, that make it appropriate home detention apply.”
Athans, 26, of Ridleyton, was found guilty at trial of four counts of procuring a child to engage in, or submit to, sexual activity.
Between 2016 and 2017, he used his business – Yeah Hard Entertainment – to proposition four young girls, urging them to “hang out” and promising it would be “worth your while”.
Athans, whose business specialised in promoting and organising underage dance parties, alluded to getting the girls past security at adults-only nightclub venues.
He promised free event tickets in exchange for explicit photos, sending images of himself to the girls – photos that police used to identify and arrest him.
Athans has already filed an appeal against his convictions, and a hearing is scheduled for August.
On Thursday, Ms Shaw asked the case be adjourned to prepare sentencing submissions.
Ryan Williams, prosecuting, said he did not oppose a delay – but asked Athans’ bail be immediately revoked.
“It’s alleged Athans breached his bail by being in possession of a mobile telephone capable of accessing the internet,” he said.
“That’s alleged to have occurred on April 14, after the last time this case was in court … it’s concerning there’s been alleged noncompliance in that respect.”
Justice Sophie David said she would not consider revoking Athans’ bail until after hearing full submissions.
She remanded him on continuing bail to face court again in two weeks.
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