Alan Foy sentenced for planning threesome with teen boy at Sutherland home

An electrician admitted he sent pictures of his penis and spoke about having a threesome with a teenage boy, a court has heard.

Alan Foy leaves Sutherland Local Court on Thursday during a previous mention of his case.

An electrician has avoided jail after he sent pictures of his penis to a teenage boy and spoke about having a threesome with a him, a court has heard.

Alan Phillip Foy, 47, was sentenced in Downing Centre District Court on Friday for using a carriage service to procure a child under 16 years for sexual activity and using a carriage service to plan sexual activity with a child under 16 years old.

Agreed facts said Foy messaged the boy on queer dating app Grindr on April 22 last year where they both sent “hi” before the victim sent two pictures of his penis to Foy and the boy told him he was 18-years-old.

Two days later the victim told Foy he was 15 years old with Foy replying “OK, might do 15 if you can get here. Then we won’t get into trouble”.

Foy told the boy he lived in Sutherland and asked when they would meet, and discussed how the teen would get to Foy’s house.

Alan Foy

On April 24, the boy created a group chat on Grindr including Foy and another man where they communicated about having a threesome.

On May 3, Foy was arrested and told police he knew the boy was under age but did not meet him.

When asked why he continued to speak to the boy after he found out he was 15, Foy told officers: “I was just being nice, I wasn’t going to meet him”, adding he would “never do 15, no way” and he wanted to “suss him out” and was “trying to lead him on”.

Foy claimed he used Grindr “to make friends” admitting he sent the boy “chest and cock” pictures after he found out he was 15, adding I “just wanted to see what happens … I was never going to meet him.”

Judge Antony Townsden said the sexual activity involved a threesome which was first suggested by the victim and the offending occurred over three days.

“The offender sent pictures of his penis after he told him he was 15 years old and the communication ceased as a consequence of (the victim’s) non responsiveness,” he said.

“There was no coercive conduct involved.

“There was limited planning and involved a degree of spontaneity although there is a significant age difference.”

Judge Townsden noted Foy did plan to engage in sexual activity, and that he raised concerns about being detected and tried to minimise the risk of being detected.

The court heard two psychological reports noted Foy had the capacity to live on his own but struggled to manage his finances and was vulnerable to manipulation from others and had poor regulation of his emotions.

At the time of the offences he was working full time and reported feeling “lonely”, claiming he engaged in online chatting to overcome those feelings.

“I should have stopped it before it happened, I shouldn’t have done it,” Foy said to a psychologist.

The court heard Foy had previously been married, and had never been sexual with men but had kissed men in the past.
The psychologist noted Foy had borderline intellectual functioning, which contributed to his impairment in planning, reasoning and judgment.

“The offender had been aware of the legal age of consensual sexual activity and appeared to make inquiries to ascertain the same, he had nevertheless persisted with interacting with the victim in sexualised manner despite learning about his age,” Judge Townsden said.

A psychologist opined Foy’s impairment in regulating behaviour and impaired judgment were contributing factors to his offending and his borderline intellectual functioning played a role in his criminal behaviour, which Judge Townsden accepted as well as Foy presenting as “immature and younger” than his actual age.

Judge Townsden took into account Foy’s remorse, lack of criminal history and accepted he had good prospects of rehabilitation if he continued psychological treatment.

Foy was sentenced to 21 months imprisonment for both charges but Judge Townsden noted Foy;s borderline intellectual functioning, immaturity and vulnerability amounted to exceptional circumstances which meant he was immediately released into the community through a recognisance release order for three years and he must pay $500.

He will be monitored by community corrections.