Glendale: Sexual touching charge against Darcy Howison dismissed, no conviction recorded

An Argenton man who was intoxicated and starting kissing a 14-year-old girl he had just met on the side of the road has escaped punishment, with a sexual touching charge dismissed.

An Argenton man who was intoxicated and starting kissing a 14-year-old girl he had just met on the side of the road has had his charge dismissed and no conviction recorded.

Darcy Howison, now 21, met up with co-accused James Walters, 26, near McDonald’s at around 11.20pm on October 20, 2020, before the pair started talking to two young girls - aged 14 and 17 - who were walking along the street.

The court heard the younger girl had been to an ice skating event with a number of friends and had consumed alcohol and became drunk.

Police facts stated Howison was standing with the teenager and starting kissing her on the lips. Someone yelled out she was only 14, before Howison ran from the scene.

Darcy Howison (left) and James Walters( right) leaving Newcastle Court.

He pleaded guilty to a charge of intentionally sexually touching a child under 16, but in Newcastle District Court on Friday Judge Sharron Norton dismissed the matter and recorded no conviction against Howison.

“I find the offence proved but of a relatively trivial nature and to be dismissed,” she said.

“The sexual touching was kissing, nothing of gross indecency. He was acting recklessly, was intoxicated, but ceased and ran away.

“There was no force or coercion.”

Judge Norton went on to say Howison was unlikely to reoffend, had good prospects of rehabilitation and had shown remorse.

The court heard he had already spent over six months in custody for the offence and had endured onerous bail conditions.

The Crown agreed the offending was at the lowest end of the range.

On Wednesday, co-accused Walters was jailed for 19 months with a non-parole period of nine months, but with time served means he’ll be eligible for release next month.

He also received two community correction orders (CCO) of two years and three years.

The Williamtown man pleaded guilty to intentionally touching a child under 16, sexually touch another person without consent and a charge of intimidate with an intention of fear.

The court heard Walters began kissing one of the victims and ended up on the ground before he placed his hand on her breasts over her clothing without consent.

The court also heard Walters then took advantage of the younger girl, laid on the grass and touched her breasts and buttocks, before he pulled down his pants and exposed his penis.

When he asked if she had sex before, she replied that she hadn’t, and police facts indicated Walters then pulled up his pants and jumped off her quickly.

Police facts also stated Walters had been drinking at a pub he was banned from earlier that night before being told to leave and threatening an employee before engaging in “shadow boxing”.

On sentencing Walters, Judge Norton said it was not part of a planned activity and was “spontaneous” and noted he had stopped as soon as he realised the victim was aged 14 after they had a discussion that she was a virgin.