A NSW man caught grooming who he thought was a 13-year-old girl for sex did so because he was lonely and has the mental capacity of a child himself, his lawyer says.
Maitland man Timothy George Kemp was arrested at Waratah Railway Station in May 2020, having arranged to meet "the girl" after two months of conversation.
Kemp had been sent a social media friend request from an undercover operative, and struck up a conversation, which his lawyer says quickly turned sexual.
But in a sentencing hearing before the Newcastle District Court on Wednesday, she argued Kemp should be spared time in prison.
The 37-year-old's offending was caused by his intellectual disability and alcoholism, she said.
He was isolated - an "outcast" - since he was a child and did not know how to cope in normal society.
"He told you in his affidavit, 'It was nice, it felt good to have someone to talk to'," she told the District Court in Newcastle.
Further, his criminal behaviour wasn't characterised by predation and deceit, she said.
He "took the bait" of the undercover operatives.
"There was nothing sophisticated about this.
"He was not actively on the internet, seeking out children by entering chat rooms and striking up conversations."
Kemp has since undergone an alcohol detox and obtained NDIS support that would help him function in the community, she said.
Due to the lesser seriousness of his offending, his vulnerability in prison and the opportunities for rehabilitation in the community, she argued the judge should not make an example out of him.
"(In) interpersonal relationships, he functions as an eight-and-a-half-year-old ... coping skills, a 12-year-old, written (communication) eight years, one month."
"He's just not the appropriate vehicle to send a message to the community."
However, the Crown contended that a custodial sentence is appropriate.
The "highly graphic sexual" messages sent by the offender do not align with the argument put forward about his mental age, he said.
When handing down his sentence, Judge Tim Gartelmann ruled that Kemp's mental condition did not impact his ability to appreciate the wrongfulness of his actions.
"The offender's communications with the assumed online identity showed he knew what he was doing, or proposing to do was wrong," he said.
"No sentence other than imprisonment would be at a severity appropriate in normal circumstances."
However, due to prison's likely onerous impact and his prospects of rehabilitation, Judge Gartelmann ruled Kemp could serve his term under supervision in the community.
Kemp was convicted, and sentenced to a term of one year and six months, to expire January 25, 2023. He will be released immediately.
