Cairns crime: Kenneth Patrick Pootchemunka pleads guilty to using internet to procure child under 16

An 18-year-old man who ended up facing four charges over an incident where he sent a graphic picture to a young girl avoided a heavy penalty in court.

A MAN who sent a picture of his erect penis to a 12-year-old girl received a relatively light sentence in Cairns District Court on Tuesday.

Judge Tracy Fantin agreed there were exceptional circumstances surrounding the charges of using a carriage service to transmit indecent communication to a person under 16, using the internet to procure a child under 16, and two charges of contravening an order to access information electronically.

Kenneth Patrick Pootchemunka, from Aurukun, was aged 18 and had no criminal history at the time of the offence, contact was first initiated by the girl and was unsophisticated, there was no evidence to suggest he had a sexual interest in children, he pleaded guilty in a timely way and co-operated.

Mr Pootchemunka had stayed out of trouble until the incident, he is now in custody on remand relating to other charges, the court heard.

Judge Fantin emphasised the charges of contravening an order to access information electronically were serious, and imposed a suspended six month prison sentence for each.

The court heard Mr Pootchemunka refused to give police the password for one of his phones and for his Instagram account.

On the first charge, Judge Fantin ordered no conviction recorded, $200 recognisance and a two year good behaviour bond starting from Mr Pootchemunka’s release from custody.

He was placed on probation for two years with no conviction recorded for the second charge.

“The offending came to light because of argument between two families and the mother became aware her daughter was using social media in a way that upset her,” Judge Fantin said.

“The girl first offered to send you a photograph of her genitals, you were enthusiastic and asked her to do that, and you repeatedly asked her.

“She willingly consented to message with you … eventually you sent her a picture of your erect penis on Instagram,” she said.

Judge Fantin noted Mr Pootchemunka said he felt ashamed of his actions.

She said if sentenced to prison – the maximum sentence for the first offence being seven years – Mr Pootchemunka would be a registered sex offender with onerous consequences.

Crown prosecutor Jodie Crane said it was not a case of an older man seeking out a child for sexual gratification and Mr Pootchemunka did not seek out an unknown, unwilling victim.

Originally published as Cairns crime: Kenneth Patrick Pootchemunka pleads guilty to using internet to procure child under 16