R v Peter Tsallas [2017] NSWSC 64

Supreme Court New South Wales

Medium Neutral Citation: R v Peter Tsallas [2017] NSWSC 64 Hearing dates: 9 February 2017 Date of orders: 13 February 2017 Decision date: 13 February 2017 Jurisdiction: Common Law Before: Harrison J Decision: Bail refused Catchwords: BAIL – "show cause" requirement – whether applicant has demonstrated why his continued detention is not justified Legislation Cited: Bail Act 2013 Cases Cited: Director of Public Prosecutions (NSW) v Brooks [2015] NSWCCA 190 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 JM v R [2015] NSWSC 978 R v Xi [2015] NSWSC 1575 Category: Principal judgment Parties: Peter Tsallas (Applicant) Crown (Respondent) Representation: Counsel: G J Stanton (Applicant)

Solicitors: Malouf Criminal Lawyers (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2017/2026 Publication restriction: Nil

Judgment 1. HIS HONOUR: Peter Tsallas applies for bail. He has been in custody since the date of his arrest on 21 December 2016 charged with the following offences: 1. Sexual intercourse with a child under the age of 16 years. 2. Groom child for unlawful sexual activity >14 years < 16 years. 3. Procure child > 14 years < 16 years for the production of child abuse material. 4. Incite person under 16 years of age to commit act of indecency. 5. Cause child > 14 years < 18 years to participate in an act of prostitution. 1. These offences are alleged to have been committed between 14 and 15 April 2016 in the following circumstances. 2. Towards the end of 2015 the victim posted a number of online profiles on various sexual meeting sites. The main site that she used was www.seeking arrangement.com. This website suggested that what it characterised as "Sugar Babies" could enjoy a life of luxury being pampered with fine dinners, exotic trips and allowances by what the site referred to as "Sugar Daddies". In order to be able to post her profile on this site, the victim gave her age as 18 years old. 3. On 14 April 2016 the victim was staying with a friend in Thornleigh. The applicant and the victim made contact with each other at this time. The victim sent three photographs of her buttocks whilst wearing underwear in seductive poses to the applicant. He then requested her to send him naked photographs, which she did. After receiving these photographs the applicant asked the victim, "You 16 or 15?" The victim replied. "16". Thereafter the conversation continued with the applicant trying to arrange a meeting with the victim for sex in exchange for $500. During one such conversation the applicant indicated that he had a friend who liked 15 year olds. At this point the victim informed the applicant that she was 15 and offered to send him a copy of her student ID to confirm this. 4. Notwithstanding that the applicant had been told that the victim was 15, he continued to arrange to meet her for sex in exchange for money. At one point the applicant sent a message saying, "It's a little risky for me as your [sic, you're] 15 not 16 but I want to do it. Will just have to be indoors." 5. The applicant then requested the victim to send him a photograph of herself with her top down showing her face and her breasts. She did so. The applicant replied saying, "It's amazing. Your fucking tits wow. I'd fuck you even if you were 13. Just need to be safe. I so love teen sluts. OK. We're [sic, where] do we meet!" The applicant and the victim thereafter continued to make arrangements to meet with the applicant at one point asking the victim if she had any 14 year old friends who would want to join in. They agreed on a price of $500. 6. Shortly after midnight on 15 April 2016, the applicant and the victim met at Thornleigh Railway Station. They drove north in his car. The applicant asked the victim to play with his penis. The victim did so. 7. The applicant stopped his vehicle in a secluded location believed to be at Berowra. The applicant and the victim got into the back seat of the car where they started kissing. They undressed. The victim performed oral sex upon the applicant while he digitally penetrated the victim's vagina. They proceeded to have sexual intercourse. 8. The applicant then drove the victim back to a street in Thornleigh. He gave her $120. She reminded him that the arrangement was for her to receive $500. The applicant said to the victim that he was doing her a favour as she really needed to earn her money and he did not want to spoil her. The applicant then drove away. 9. In May 2016, the victim's phone came into the possession of the police and explicit photographs and messages exchanged with the applicant were revealed. In December 2016, the victim provided the police with a signed statement. Cell tower records relating to the applicant's phone and E-Tag data relating to his motor vehicle geographically correspond to the version of events provided by the victim. 10. Following his arrest, the applicant participated in an electronically recorded interview with the police. He admitted exchanging text messages with the victim and meeting her at Thornleigh. The applicant denied engaging in sexual intercourse with her. He told police that they simply went for a drive. 11. The applicant is charged with a show cause offence for the purposes of s 16B (b)(i) of the Bail Act 2013 and is accordingly required on this application to demonstrate why his continued detention is not justified.