After detailed and lengthy legal submissions and evidence by Brett Finch’s legal team, including Paul McGirr and barrister Michael Smith, Judge Mahony today handed down judgment in which he found that Mr Finch did not have a sexual interest in children and that he will serve a community-based sentence for 2 years.
Mr Finch had previously told the NSW District Court he does not have a sexual interest in children and only began using the platform to seek out drugs after his dealer was arrested. At the time, he said, he was addicted to cocaine and was using between 12 and 25 grams per week.
“I would’ve been on a drug-fuelled bender,” Finch said.
He said he believed sending “twisted” messages on the platform would put him in contact with recipients who were on drugs, meaning he would be more likely to receive drugs. He acknowledged that he did not actually ask for drugs in any of the messages.
Judge Phillip Mahony said on Wednesday that Finch’s plan was “plainly absurd” and had no hope of success, but accepted that Finch’s motivation was a desire for drugs.
Mahony sentenced Finch to two years in jail, imposing a recognisance release order which meant Finch was immediately released to serve his sentence in the community. Under the terms of the order, Finch must pay $1000, be of good behaviour for two years, and continue receiving treatment including being tested for illicit drugs.