Justin Downes sentenced for requesting nude photos from 14yo girl

A man who solicited nude photos from a 14-year-old girl has escaped jail after he was told he had his “his whole life ahead of him”.

Justin John Downes, 19, pleaded guilty to one count of using electronic communication to procure a child under 16 in a sexual act before Toowoomba District Court on Monday February 24, 2025. Picture: NewsCorp Australia

A man who admitted to seeking nude photographs from a child and inviting her to a hotel room has escaped jail time.

Justin John Downes, 19, pleaded guilty to one count of using electronic communication to procure a child under 16 in a sexual act before Toowoomba District Court on Monday after police discovered illicit conversations between him and a 14-year-old girl.

Downes, who was 18 at the time, met the girl at a youth camp where he gave her his number, already aware of her young age.

“He messaged her on numerous occasions over a period of around a month,” Crown prosecutor Hamish McIntyre said.

“He did request of her nude photographs, in total there were about 40 such photos sent.

“The defendant also tried to get her into a hotel room as part of the conduct.”

Mr McIntyre told the court, despite his offending, Downes still denied attraction to children.

“He denies any sex attraction to children, saying ‘I’d rather die’,” he stated.

“It is clear from the offending he is attracted to 14-year-olds, at least this 14-year-old.

“In my submissions, that shows there is a degree of denial about his predilections there.”

Mr McIntyre told the court the young girl had suffered a significant “loss of her power” and “hope” and continued “nightmares” in the aftermath of Mr Downes’ offending.

Defence barrister John Davis instructed by McConnell and Saldumbide Criminal Lawyers said the pair only spoke on two occasions over the month and further stressed the underage girl sent the first message.

“It’s really two instances (of communication),” he said.

“They met at a youth camp, Mr Downes leaves his phone number for the complainant victim but the victim is the one who instigates conversation following the camp.

“He certainly did (give his number) but she didn’t have the obligation to take him up on that.”

Mr Davis said Downes struggled with alcohol abuse and suffered from various mental health issues including ADHD but had made efforts to rehabilitate since being charged.

“He will be significantly less likely to reoffend or be a danger to the community if he was in a position to have psychiatric treatment,” he said.

“That is something he can much better do in the community.”

Mr Davis argued against recording a conviction as any child sex offender reporting conditions, which would apply if convictions were recorded, would be too “onerous” on Downes due to his young age and mental health.

Judge Paul Smith AM ruled against any term of imprisonment, citing exceptional circumstances.

“My view of the facts is, the child willingly engaged in this; having said that she was only 14-years-old and surely at that age you are not mature enough to make appropriate decisions.”

“It would have been very embarrassing for (her) to disclose.

“You said some quite disgusting things to her.

“I also found some of the comments you made to her were quite immature which I think reflects your age at the time.

Downes was ordered to serve three years probation and pay $500 compensation to his victim.

No conviction was recorded.

“Ultimately in this case I have determined exceptional circumstances have been established because of your age, the absence of previous convictions, the plea of guilty, your psychiatric condition, limited age difference and your self rehabilitation,” Judge Smith said.

“You’re still very young, you have your life ahead of you and there’s this onerous reporting regime that would occur if a conviction is recorded.”

Originally published as Justin Downes sentenced for requesting nude photos from 14yo girl