The offence of grooming in NSW

Co-Author: Carolyn Shiels

KEY TAKE OUTS:

• Learn more about the offence of grooming and how the prosecution must prove the offence beyond reasonable doubt.  
• Graham Cook’s recent arrest illustrates the importance of NSW’s strong laws against grooming.  
• Laws and initiatives such as the ACCCE focus on early intervention for the purpose of enhancing online child safety and combatting exploitation.  

 

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What is grooming?

Grooming can be defined as an adult person who engages in any conduct that exposes a child to indecent material or provides a child with an intoxicating substance or with any financial or other material benefit, and who does so with the intention of making it easier to procure the child for unlawful sexual activity with that or any other person.  

For the purposes of this definition, the term “conduct” includes communicating in person or by telephone, the internet or other means or providing any computer image video or publication. 

In NSW, the offence of grooming a child under the age of 16 years for unlawful sexual activity falls under section 66EB(3) of the Crimes Act 1900 (NSW). If the child is under 14 years of age, the maximum penalty is for 12 years, or in any other case maximum imprisonment is 10 years.   

An offence of this nature may be heard by a magistrate in the Local Court. If the matter is heard in the Local Court, the maximum penalty that the magistrate may impose is imprisonment for 2 years. However, either the accused person or the prosecutor may elect to have the matter heard in the District Court.  

A Prosecutor may elect for the grooming offence to be heard in the District Court if the offending is above mid-range of objective seriousness, or if the offender is a recidivist offender.    

With the increased use of technology in recent years, it has given rise to a growing demand for strategies to minimise online child exploitation. On the 18 January 2008, the Crimes Amendment (Sexual Procurement or Grooming of Children) Act 2007 commenced.  The Act inserted new offences into the Crimes Act 1900 NSW dealing with the issue of procurement and grooming of children for unlawful sexual activity.  

It is an offence for an adult to intentionally procure a child for unlawful sexual activity.  It is also an offence to engage in behaviour that grooms a child for the purpose of making it easier to procure that child for unlawful sexual activity.  

 

Procure:

The word ‘procure’ is not defined in the Act, so the ordinary dictionary meaning will apply.  The Macquarie Dictionary indicates the meaning of ‘procure’ includes: 

• To effect, cause, bring about, especially by unscrupulous or indirect means or 

• To obtain gratification of lust or purposes of prostitution.  

Examples of ‘procurement’ for unlawful sexual activity would include: 

• Making promises to a child 

• Offering a child inducement such as goods, clothes or other gifts 

• Encouraging a child to engage in the activity on the understanding that as a result of doing so, the child will receive some benefit or not incur some form of detriment.  

The maximum penalty for the offence of procurement of a child is 15 years imprisonment if the child is under the age of 14- and 12-years imprisonment for all other cases. 

 

Grooming:

An adult is guilty of grooming if he or she engages in any conduct that: 

• Exposes a child to indecent material or  

• Provides a child with an intoxicating substance  

And does so with the intention of making it easier to procure the child for unlawful sexual activity.  The unlawful sexual activity does not need to be with the adult actually engaged in the grooming.  For the purpose of the offence, “conduct” includes: 

• Communication in person or by telephone, the internet or other means or 

• Providing any computer image, video or publication.  

The maximum penalty for the offence of grooming is 12 years imprisonment if the child is under the age of 14- and 10-years imprisonment in all other cases. 

Defining “unlawful sexual activity”: 

There is a wide range of offences captured by this term, but in general, it includes: 

• Any offences in the nature of sexual assault or indecent assault, including attempts to commit such assaults 

• Sexual servitude type offences 

• Child prostitution offences 

• Child pornography offences  

• Any similar acts committed outside NSW that would be an offence if it were committed within NSW.  

A recent example: 

Recently a 61-year-old male, Graham Cook was arrested on 15 February 2024 accused of grooming who be believed was a 14-year-old boy from the United Kingdom. The Australian Federal Police (AFP) have alleged that he initiated “grossly explicit communication” with the teenager, before grooming him for sexual activity and transmitting child abuse material. It is said that social media was used by Cook to engage in these conversations, but he was rather engaging in an undercover AFP operation.  

Cook was already on the Child Protection Register and on parole until April 2025 for a similar offence.  

The recent arrest came from the result of an investigation by the AFP-led Australian Centre to Counter Child Exploitation (ACCCE), who received a report from the United Kingdom post about an investigation into an Australian man.   

After an increase in numbers of child exploitation reports received by Australian law enforcement, the ACCCE was established in 2018. The purpose of the ACCCE is to advocate for the protection of children from online exploitation on and off Australian shores. The ACCCE has a specific focus on countering online sexual exploitation, this can include criminal offences such as grooming and the creation and/or circulation of child abuse material.  

In Wollongong Local Court, Cook made an attempt at bail, however, was unsuccessful. The prosecution opposed bail arguing “there were no conditions that would ameliorate Cook’s risk of reoffending, due to him being on parole for similar offences at the time of the alleged communication”. 

What was Cook charged with:

After taken into custody, Graham Cook was charged with the following offences: 

1. Using a carriage service to prepare or plan to cause harm to, engage in sexual activity with a person under 16 years of age, pursuant to Section 474.25C of the Criminal Code Act 1995 (Cth). 
2. Using a carriage service to transmit child abuse material, pursuant to Section 474.22(1) of the Criminal Code 1995 (Cth). 
3. Failure to comply with reporting obligations, pursuant to Section 17(1) of the Child Protection (Offenders Registration) Act 2000 (NSW). 

As discussed above, it is clear that exploitation of children online has become an issue of high importance which needs to have strong protections in place. The combined collaborative efforts of both law enforcement agencies and international agencies have and will see an increase in online safety. Although the internet is never a one hundred percent safe place, the current legislative protections in NSW have provided a useful tool for early intervention in online child exploitation. 

We at Coutts have Solicitors experienced in representing persons charged with sexual offences, including offences against a child.  Don’t hesitate to contact us on either  

1300 COUTTS 

Or  

The criminal law hotline on 02 8324 7527  

Schedule an Appointment Now

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