Tahlo Nicholson-Moss sentenced for sexually touching drug-affected teenager at Nimbin in Northern Rivers NSW

A Northern Rivers artist molested a girl for several minutes, however, the egregious sexual violation did not warrant a conviction in the eyes of a magistrate.

Tahlo Nicholson-Moss leaving Lismore Local Court on Wednesday. Picture: Dylan Arvela

A Northern Rivers artist molested a drug-affected 17-year-old girl in a shipping container for several minutes, however, the egregious violation did not warrant a conviction in the eyes of a magistrate.

Tahlo Nicholson-Moss, 20, faced Lismore Local Court on Wednesday where he was sentenced after pleading guilty to sexual touching without consent.

The court heard Nicholson-Moss had recently turned 18 when a group of friends came around to his Nimbin home. He lived in a shipping container next to his parents’ property.

Tahlo Nicholson-Moss (left) was supported in court by his parents. Picture: Dylan Arvela

The group smoked cannabis and drank alcohol before a late-night swim in a nearby creek.

Upon returning to the shipping container, the victim, who later told police she was “out of it”, went to bed before Nicholson-Moss laid and pushed his body against her.

The court heard the victim felt uncomfortable and moved away, but shortly after Nicholson-Moss shifted to a chair and held her on his lap.

The girl struggled to stand, but was eventually able to move to the couch, where the relentless offender continued his predatory conduct despite pleas for him to “get off”.

Others at the gathering echoed the victim’s demands, the court heard, but Nicholson-Moss replied: “What’s a party without a little bit of fun?”

The victim fell asleep, but woke to Nicholson-Moss rubbing the outside of her underwear before putting his hand underneath and on her vagina.

Trying to keep still during the ordeal which lasted “several minutes”, the victim “freaked out inside”, the court heard.

“Did you like the cuddles, I tried to make it respectful and comfortable,” Nicholson-Moss said to the victim on Snapchat the following day.

The victim alerted her friend before reporting the offender to police, the court was told.

Nicholson-Moss later told the victim he was “really f--king drunk and high”. Picture: Dylan Arvela

The victim spoke to Nicholson-Moss about the unwanted sexual advances in a recorded phone call and he said: “Oh yeah, I apologise. I was really f--king high and drunk.”

In court, Nicholson-Moss’ barrister Simon Apps submitted it was “opportunistic” offending, adding his client was a “young man with enormous promise” who did not have a criminal record.

The barrister told the court the “very talented artist” did not wish to blame his offending on alcohol or drugs and recognised a “devastating error of judgment”.

Mr Apps said given his client’s contrition and steps towards rehabilitation, Magistrate Michael Dakin could deal with the offending without recording a conviction.

However, Crown prosecutor Taryna Jay told the court a conviction was warranted given the seriousness of the offending.

Magistrate Michael Dakin did not convict Nicholson-Moss. Picture: Savannah Pocock

“The victim was severely intoxicated and struggling to stand and tried to push him off,” she said.

“The absence of consent was very clear … it lasted several minutes.”

Ms Jay said it was concerning Nicholson-Moss only recently understood someone could not give consent when they are asleep or intoxicated.

Mr Dakin referred to a letter from the victim detailing how she was left feeling “isolated, vulnerable and violated”.

But the magistrate said Nicholson-Moss had “excellent” rehabilitation prospects and he was not inclined to record a conviction given the offender’s young age.

“A conditional release order without conviction is at the bottom of the range for appropriate sentences, but it is within the range,” Mr Dakin said when he imposed a two-year conditional release order (CRO), served in the community.