Former DanceSport Victoria director wins appeal against jail term for grooming a child online
The former director of DanceSport Victoria has won an appeal against a jail sentence for grooming a child.
Andrew Howlett, 40, of Lilydale, was jailed for three months in September last year after pleading guilty to one count of online grooming of a child under 16 with a view to having sex.
He appealed the sentence immediately and was released on bail. His appeal was heard in Bendigo on Thursday.
The court heard Howlett – a registered dancesport coach and adjudicator – sent the victim a friend request on Facebook after meeting him at a medal assessment.
The court was told the child was “happy to be noticed” by Howlett because he was “high up” in dancesport.
They spoke regularly over Facebook Messenger, before Howlett asked the victim to delete the messages because people “could get the wrong idea”.
One conversation showed that Howlett was aware of the child’s age.
He contacted the young teenager every day and the conversations became “indecent”.
Howlett gave a number of lewd nicknames to the child, making reference to their genitals, and spoke of his desire to touch them inappropriately.
The court heard Howlett made plans twice for the victim to visit him in Melbourne.
The victim’s mother became aware of the regular contact between the two, and Howlett was contacted about the matter.
Howlett once again told the child to delete messages between them, but they refused and the matter was taken to police.
He denied many of the allegations until police showed him the messages. Howlett admitted to making plans for the child to visit him at his house.
Howlett has since stepped down from his position on the boards of DanceSport Victoria and DanceSport Australia as a result of the police charge.
The court received a number of positive references from colleagues and associates of Howlett, making reference to his “contribution” to dancesport and his youth work in Maffra.
Victim impact statements outlined the victim’s ongoing loss of trust and anxiety. The mother of the victim was present in court on all occasions, and voiced her disapproval of Howlett’s conduct.
Defence counsel Pardeep Tiwana said it was an “isolated” incident that occurred at a time when Howlett was recovering from the breakdown in a long-term dance relationship.
“It was... an aberration from a man who has contributed in a real, meaningful way to the community,” he said.
“It occurred in the context of a man who was... suffering from anxiety and a depressed mood.
“That's the context... that explains why this man, who ordinarily has lived his life to an exemplary high standard, has acted in this manner that he clearly regrets and is clearly remorseful for.”
Crown prosecutor Andy Moore said there were “disturbing features” about Howlett’s conduct, but conceded it was at the lower end of the scale for grooming offences.
He said the court would “not be in error” if it did not jail Howlett.
Judge Mark Dean said the conduct was a “serious breach of trust”.
“He was a man of significant standing in the dancesport community, was no doubt highly regarded and respected, and in that context he preyed upon a young (child) for his own sexual gratification,” he said.
“In my opinion, such behaviour is completely unconscionable and indefensible.
“Nevertheless I accept that the appellant is otherwise a man of very good character. He is a hard working and honest person who has overcome a complex isolated and emotionally challenging childhood.”
Howlett was convicted and placed on an 18-month community corrections order with 150 hours of unpaid community work. He was also placed on the Sex Offenders Register for eight years.